In Florida, a divorce is called a “dissolution of marriage.” Florida is one of the many states that have abolished fault as a ground for dissolution of marriage. The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage.
In a divorce situation, the parents should at all times conduct themselves and their activities in a way that will promote the welfare and best interests of the children. It is the public policy of Florida that each child has frequent and continuing contact with both parents after the parents separate or the marriage is dissolved.
Florida Statute §61.052(2) reads, in part, as follows: If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage Does this mean that any time one party files a petition and alleges that the marriage is irretrievably broken and that allegation is admitted, the petitioner can immediately proceed to dissolve the marriage?
Divorcing Spouses Can File Income Tax Returns as Unmarried Individuals Prior to Dissolution of Marriage. Vol. 71, No. 3 March 1997 Pg 85 Melvyn B. Frumkes Family Law. If the divorcing spouses are married at the end of the year, it is usually, but not always, 1 beneficial to file joint tax returns. However, if one spouse refuses to join the other in a joint return, 2 there is still an advantage to a spouse in filing as an unmarried individual rather than as married, filing separately. 3 This ...
Florida does not yet have legislation to make health insurance coverage possible where a change of marital status has occurred. Spouses whose medical insurance terminates upon divorce, pursuant to the terms of the policy, should be entitled to the same coverage without proof of insurability.
Hooker, 220 So. 3d 397 (Fla. 2017), the Florida Supreme Court upheld a trial court’s finding that a husband made interspousal gifts of two real properties, thus, causing the properties to be treated as marital assets for purposes of equitable distribution (even though title remained solely in the name of the husband and in spite of a valid premarital agreement providing that each party would retain his or her premarital assets and appreciation upon divorce).
20 Fla. Stat. §61.021 pertains to a Florida circuit court’s subject matter jurisdiction over a divorce action. It provides, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”
Florida’s Supreme Court has held that post-dissolution contributions to a retirement plan are not subject to equitable distribution, 14 and the First District Court of Appeal has stated that benefits not accrued during a marriage are not subject to equitable distribution. 15 It is interesting to note that tax courts have found that an item “accrues” when all events occur which fix the amount and determine liability. 16 If an option for future performance is for events that have yet to ...