• I wish to file for a divorce. Does Florida have a residency requirement?"
• "What are the grounds necessary to file a divorce in the state of Florida?"
• "Is it possible for a male to get an award of spousal support?"
• "Can courts have the children live with both of the parties half the time?"
• "Does gender or age determine which parent a child will reside with?"
• "Must a house be sold if the children have been living in the home?"
• "My spouse cheated on me. If I file for 'fault divorce,' am I likely to get more in terms of support and property?"

"Is it possible for a male to get an award of spousal support?"
Yes. In the state of Florida, a male or a female can be awarded spousal support depending on certain criteria as set forth in the Florida Statutes. In determining a proper award of spousal support, the court is to consider the following factors:

• The standard of living established during the marriage;
• The duration of the marriage;
• The age, and physical and emotional condition, of each party;
• The financial resources of each party;
• The non-marital and marital assets and liabilities distributed to each;
• When applicable, the time necessary for either party to acquire sufficient education or training to enable each party to find appropriate employment;
• The contribution of each party to the marriage, including services rendered in homemaking, child care, education, and career-building of the other party;
• All sources of income available to either party.

The court may consider any other factor necessary to do equity and justice between the parties.

"Do the courts in Florida have the power to have the children of the marriage live with both of the parties 50% of the time after a divorce?"

Yes. Under special circumstances, a court may order rotating child custody if the court finds that it will be in the best interest of the children.

"While the court is determining which parent a child will reside with (or child custody), does the sex of the party, the sex of the child, or the age of the child factor into the decision?"

Under Florida divorce law, the court is mandated to order that parental responsibility for a minor child be shared by both parties unless the court finds that shared parental responsibility would be a detriment to the child. It is the public policy in the state of Florida to ensure that a minor child has frequent and continuing contact with both parents after the parents separate or the marriage is dissolved and to encourage both parents to share in the rights and responsibilities and joys of child-rearing. After considering all relevant factors, the father of a child is to be given the same consideration as the mother in determining the primary residence of the child, irrespective of the age or sex of the child.

For purposes of shared parental responsibility and primary interest, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to, the following:

• The parent who is more likely to allow the child frequent and continuing contact with the non-residential parent;
• The love, affection, and other emotional ties existing between the parents and the child;
• The capacity and disposition of the parent to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of the state of Florida in lieu of medical care and other material needs;
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
• The permanency, as a family unit, of the existing or proposed custodial home;
• The moral fitness of the parent;
• The mental and physical health of the parent;
• The home, school, and community record of the child;
• The reasonable preference of the child if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
• The willingness and ability of each parent to facilitate and encourage a close and continuing parent/child relationship between the child and the other parent;
• Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to Florida Statute 741.30;
• Evidence of domestic violence or child abuse;
• Any other fact considered by the court to be relevant.

"Must a house be sold if the husband and wife bought the house together during the marriage and the minor child or children have been living in the home upon a divorce being granted?"

Under Florida divorce law, the court is to consider the desirability of retaining the marital home as a residence for a dependent child of the marriage: when it would be equitable to do so and in the best interest of the child; and when it is financially feasible for the parties to maintain the residence until the child is emancipated.

| About Us | Attorneys | Practice Areas | Articles | eNewsletter | FAQs | Useful Links | Contact Us | Home |

Copyright ©2008: Braverman & Hymowitz.  All rights reserved.
Designed and maintained by: SameDayWebSite.com