Florida Family Law:
Is there a legal separation required prior to filing for dissolution of
marriage(divorce)?
No. In fact, due to financial constraints some couples live
together during all or a portion of the pending dissolution of marriage action.
How long must I live in Florida before I can file for Dissolution of
Marriage?
One of the parties must reside in Florida at least 6 months prior to
filing a Petition for Dissolution of Marriage. (Florida Statutes Annotated §
61.021) When there are domestic violence issues or danger to minor children a
Florida Court can hear some family matters on an expedited basis even if you
have not been in Florida for 6 months. But these matters will only be heard on
an emergency and/or temporary basis. This may also depend on the home state
of the child at the time you file. The facts of each case are unique and you
should consult with an attorney with questions specific to your situation.
What is Shared Parental Responsibility?
Shared parenting is a term that
refers to what most people know as “custody”. It is a court-ordered relationship
in which both parents retain full parental rights and responsibilities with respect
to their child and in which both parents confer with each other so that major
decisions affecting the welfare of the child will be determined jointly. (Florida
Statutes Annotated § 61.046). In Florida, the legislature has changed most
statutes to reflect the shared parenting language, in an effort to foster a more
open and familial approach to the divorce process. Generally parents will share
parental responsibility. The key difference between Shared parenting and Sole
parenting is that with Shared, both parents are given equal decision making
abilities with regard to all major decisions for the minor child. With Sole
parenting, one parent is designated with that responsibility and is not required to
consult with the other parent prior to making major decisions. With both Shared
and Sole, there is a primary resident parent and secondary resident parent. As
with most family issues (other than child support), the specifics can be altered by
agreement of the parties as long as it meets with the best interest of the child
standard. Time sharing in this scenario can be supervised or unsupervised. The
facts of each case are unique and you should consult with an attorney with
questions specific to your situation.
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