815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
If you’ve ever wondered, "Does Florida have family law?" the short answer is yes. But for most folks living right here in Central Florida, the question isn't usually about whether the laws exist—it's about how those laws affect your life when things get complicated at home.
Family law covers the legal relationships between family members. It’s the set of rules that judges and lawyers use to handle sensitive issues like divorce, child custody, and adoption. These laws are designed to ensure fairness and protect the well-being of everyone involved, especially children.
Navigating these waters can feel overwhelming, whether you’re in a high-rise downtown condo or a single-family home in Winter Park. That’s where a trusted family law practice in Orlando, FL, like Frank Family Law, becomes essential. We understand that these aren't just legal cases; they are your life.
Family law in the Sunshine State is comprehensive. It handles everything from the moment a couple decides to split up to the happy day an adoption is finalized. Understanding the basics can help you feel more prepared if you ever need to step into a courtroom in Orange County.
Florida is a "no-fault" divorce state. This means you don’t need to prove your spouse did something wrong, like cheating or abandonment, to get a divorce. You simply need to state that the marriage is "irretrievably broken." This matters because it removes the need for mudslinging in court, allowing couples to focus on separating their lives as peacefully as possible.
However, just because you don’t need to prove fault doesn't mean bad behavior is ignored. If one spouse spent marital savings on an affair, for instance, a judge might consider that when dividing assets.
The process typically starts with filing a petition for "Dissolution of Marriage." From there, you'll need to figure out how to split assets and debts. Florida follows the rule of "equitable distribution." This doesn't necessarily mean a 50/50 split down the middle; it means a fair division based on factors like how long you were married and each person's financial situation.
In Florida, we don’t really use the term "custody" anymore. Instead, the courts refer to it as "time-sharing" and "parental responsibility." The state’s public policy is to ensure that each minor child has frequent and continuing contact with both parents after the parents separate.
Unless there’s a serious safety issue—like documented abuse or drug use—courts generally prefer shared parental responsibility. This means both parents have a say in major decisions like where the child goes to school, their religious upbringing, and their healthcare.
A parenting plan will outline the time-sharing schedule. This details exactly when the child stays with Mom and when they stay with Dad. It handles everything from weeknight dinners to who gets the kids for Christmas break. Creating a solid plan is crucial because it reduces conflict down the road.
Child support is the right of the child, not the parent. In Florida, support is calculated using a strict formula based on the net income of both parents and the number of overnight stays the child has with each parent.
Why does this formula matter? It removes the guesswork and emotion from the financial support discussion. It ensures that the child's financial needs—like food, shelter, and clothing—are met, regardless of which house they are sleeping in.
The cost can vary significantly. For example, if two parents have a combined net monthly income of $4,000 and one child, the basic support obligation might be around $870 (though this varies based on health insurance costs and daycare expenses). You can’t just decide to waive child support; the court must approve any agreement to ensure it’s in the child’s best interest.
Adoption is one of the happiest areas of family law. It’s the legal process of creating a parent-child relationship between people who aren't biologically related. In Florida, you can adopt through an agency, legally adopt a stepchild, or adopt a child from the foster care system.
The process involves strict background checks, home studies, and court hearings. This scrutiny is necessary to ensure the child is going to a safe, loving, and permanent home. Once finalized, the adoptive parents have all the same legal rights and responsibilities as biological parents.
Alimony, or spousal support, isn't guaranteed in every divorce. It’s based on one spouse’s need for support and the other spouse’s ability to pay.
There are different types of alimony in Florida:
Factors influencing the award include the standard of living established during the marriage, the duration of the marriage, and the age and physical condition of each party.
Family law is complex. While you might be able to fix a leaky faucet in your Orlando home with a YouTube tutorial, handling a legal case on your own is risky. A simple mistake in paperwork or a misunderstanding of the law can have long-lasting consequences on your finances and your relationship with your children.
When you’re dealing with something as important as your family, you need a guide who knows the local landscape. A dedicated family law practice in Orlando, FL, like Frank Family Law, brings more than just legal knowledge. We bring familiarity with the local judges, the court system in Orange and Seminole counties, and the specific procedures that can vary from circuit to circuit.
We aren't just processing files; we’re helping our neighbors. Whether you live near Lake Eola or out in Waterford Lakes, we understand the local community. We know that divorces and custody battles are emotionally draining. Having a compassionate expert in your corner ensures that your voice is heard and your rights are protected, so you can focus on moving forward.
So, does Florida have family law? Absolutely, and it covers every aspect of domestic life to ensure fairness and protection for families. From the equitable distribution of assets in a divorce to the calculation of child support and the intricacies of adoption, these laws are the framework for resolving family disputes.
If you’re facing a family law issue, you don’t have to figure it out alone. Frank Family Law is here to provide the clear, honest advice and strong representation you need.
Ready to discuss your case? Contact Frank Family Law today to schedule a consultation with a top family law practice in Orlando, FL.