If you are considering filing for divorce in Florida then you have probably been filled with lots of information from your friends, family members and acquaintances.  The purpose of this article is to provide general information regarding divorce to the general public.  It is by no means intended to comprehensively cover the subject.  It is merely being offered as a general source of information to address only the issues of divorce specifically addressed within it.

Because divorce or “Dissolution of Marriage” as it is technically referred to in Florida Courts is so prolific, there are many misconceptions and much confusion related to this area of the law.  This is largely because divorce is such an emotional, stressful and highly charged affair. As a result, the events surrounding it become shared with others and this leads people to believe that the results of one person’s divorce might or should be similar to someone else’s.  Nothing could be further from the truth.

Divorce is highly fact intensive and the only person with whom someone should consult with regarding a potential divorce is an attorney licensed by the Florida Bar with extensive experience in Family Law.  Only such an attorney can provide an individual with the advice and expertise that is necessary relative to seeking a divorce.  One of the most important things to remember with regard to filing for divorce in Florida is that Florida is a “no fault” divorce state.  This means that either spouse can file for divorce if that spouse can prove that the marriage is “irretrievably broken.”  The reasons for the marriage being irretrievably broken can range from infidelity or to the fact that one of the spouses simply isn’t in love with the other spouse anymore.  Regardless, from an evidentiary standpoint, proving that a marriage is irretrievably broken is not difficult.

Divorce in Florida has been largely codified within Florida Statutes Chapter 61.  Chapter 61 delineates the factors to be considered within the context of the major components of divorce.  These components or “areas” are:  equitable distribution; time-sharing with any minor children (formerly called custody); child support of any minor children; alimony (when applicable); enforcement of orders or judgments previously entered by the court as well as other areas.  These areas will be more fully explored in future articles by this author.

Divorce is consistently ranked by many sources as the second most stressful life event (after the death of a child or spouse) that could happen in one’s life.  It cannot be overstated enough that it is extremely important that one have a strong support system (family, counseling, clergy, friends, etc.) when dealing with divorce.  However, what is most tragic is the effect that divorce can have on children.

It is extremely important that regardless of what is sought by either party within a divorce proceeding, that the best interests of the children be put first.  Parents must quickly realize and accept that although they may not be married to each other; they will always be the parents of their children.   Courts in Florida severely frown upon parental alienation including disparaging the other parent in front of a minor child or not allowing a parent contact with a minor child.  In fact, alienating a child from a parent is so serious that it can lead to limiting the alienating spouse’s contact with a child.  Divorcing spouses with children must learn to co-parent effectively and with the best interests of the children in mind. This will ensure that the least amount of harm will be inflicted upon the minor children.  Learning how to co-parent during and after a divorce is an acquired skill and it is wise to seek counseling services and the advice of qualified professionals experienced with helping children and families of divorce.

In conclusion, divorce is a confusing, nebulous concept to individuals who have not had the benefit of consulting with an attorney licensed by the Florida Bar experienced in family law.  It is important to take the “high road” when going through a divorce as it will best allow one to get past it with dignity and with less stress and hurt feelings.  Most importantly, if one has minor children, it is paramount to consider the children’s needs first and to make the children’s well-being the primary consideration at the inception of any divorce proceeding.

– William Rosenfelt, Esq., is an Orlando family law attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  He welcomes questions and comments regarding the above and can be reached at wrosenfelt@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement.