Common Misconceptions About Florida Divorce
Navigating the Maze: Dispelling Myths About Ending Your Marriage in Florida
Divorce is a complex and emotionally charged process, often made more daunting by the sheer volume of misinformation that circulates. For those contemplating or going through a divorce in Florida, understanding the legal realities versus popular myths is crucial. At The Hamil Scott Law Firm, we believe in empowering our clients with accurate information, helping them make informed decisions during this challenging time. Nicole Hamil-Scott, Founding and Managing Attorney, is one of Florida's elite Divorce, Family, Criminal Defense, and U.S. Immigration Lawyers. She not only works for you...she works with you, guiding you through every step with expertise and compassion.
This blog post aims to debunk some of the most common misconceptions about Florida divorce, providing clarity and setting realistic expectations.
Misconception 1: Florida is a "Community Property" State
One of the most pervasive myths is that Florida is a community property state, meaning assets acquired during the marriage are split 50/50.
The Reality: Equitable Distribution
Florida is, in fact, an "equitable distribution" state. This means that marital assets and debts are divided fairly, but not necessarily equally. The court considers various factors when determining what is equitable, including:
- The contribution of each spouse to the marriage, including contributions to the care and education of the children and services as a homemaker.
- The economic circumstances of each spouse.
- The duration of the marriage.
- Any interruption of personal careers or educational opportunities of either spouse.
- The desirability of retaining any asset, including an interest in a business, profession, or corporation, intact and free from any claim or interference by the other party.
- The desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of any minor children.
- The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior thereto.
This nuanced approach allows the courts to tailor outcomes to the unique circumstances of each family, ensuring a fair, though not always equal, division.
Misconception 2: Adultery Always Means Less in the Divorce
Many people believe that if their spouse committed adultery, they will automatically receive a larger share of assets or more favorable custody arrangements.
The Reality: Infidelity's Limited Impact
While infidelity can be emotionally devastating, it generally has a limited direct impact on property division or child custody in Florida. Florida is a "no-fault" divorce state, meaning that a divorce can be granted simply on the grounds that the marriage is "irretrievably broken." The court does not need to determine who was "at fault" for the breakdown of the marriage.
However, there are specific circumstances where adultery might become relevant:
- Dissipation of Marital Assets: If one spouse spent a significant amount of marital funds on an affair (e.g., lavish gifts, trips, hotel stays), the court might consider this a "dissipation" of marital assets. In such cases, the innocent spouse may be awarded a greater share of the remaining assets to compensate.
- Impact on Children: While rare, if the adulterous behavior directly impacts the children's well-being or safety, it could be a factor in child custody decisions. However, this is not about moral judgment but about the best interests of the child.
Generally, judges focus on financial and parental responsibilities, not marital transgressions.
Misconception 3: Mothers Always Get Custody of the Children
The outdated notion that mothers are always favored in child custody matters persists, causing undue stress for fathers.
The Reality: Shared Parental Responsibility is the Standard
Florida law emphasizes "shared parental responsibility" and aims to ensure that both parents have frequent and continuing contact with their children. There is no legal presumption that one parent is better suited than the other. The court's primary focus is always the "best interests of the child."
Factors considered when determining parenting plans include:
- The parents' ability to provide a consistent routine for the child.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The child's reasonable preference, if the child is of sufficient intelligence, understanding, and experience to express a preference.
- The parents' ability to foster a positive relationship with the other parent.
- Evidence of domestic violence, child abuse, abandonment, or neglect.
Courts often approve parenting plans that include shared physical custody or significant time-sharing for both parents, reflecting a modern approach to co-parenting.
Misconception 4: Divorce is Always a Bitter Court Battle
Many envision divorce as a lengthy, acrimonious courtroom drama, with spouses pitted against each other.
The Reality: Alternative Dispute Resolution Options
While litigation is sometimes necessary, Florida offers various alternative dispute resolution (ADR) options that can help couples reach amicable agreements outside of court:
- Mediation: This is often a mandatory step in Florida divorce cases. A neutral third-party mediator helps facilitate communication and negotiation between spouses to reach mutually agreeable solutions regarding property division, child custody, and support.
- Collaborative Divorce: In this process, both parties and their attorneys commit to resolving issues cooperatively without litigation. If an agreement cannot be reached, the collaborative process ends, and the parties must seek new legal representation if they decide to litigate.
- Arbitration: Similar to mediation, but an arbitrator acts more like a judge, making binding decisions after hearing both sides.
These options can be less adversarial, more cost-effective, and provide greater control over the outcome compared to traditional litigation.
Misconception 5: You Have to Wait a Long Time to Get Divorced in Florida
The idea of a protracted divorce process can be daunting, leading to assumptions of years-long legal battles.
The Reality: The Divorce Timeline Varies
While some divorces can be complex and take time, there's no fixed "long time" for a Florida divorce. The timeline largely depends on:
- Complexity of Issues: Divorces with extensive assets, complex business valuations, or highly contentious child custody disputes will naturally take longer.
- Cooperation of Parties: If both parties are willing to cooperate and reach agreements, the process can be significantly expedited.
- Court Docket: The specific court's caseload and availability of judges can also influence the timeline.
- Mandatory Waiting Period: Florida law requires a 20-day waiting period from the date the petition for dissolution of marriage is filed before a divorce can be finalized, unless there are minor children and the judge finds that an injustice would result. This is a minimum, not a typical, duration.
Simple, uncontested divorces can be finalized relatively quickly, sometimes within a few months, whereas highly contested cases can take a year or more.
Conclusion: Empowering You Through Understanding
Navigating a divorce in Florida can feel overwhelming, but understanding the realities of the law is the first step toward a more manageable process. Dispelling these common misconceptions can help you approach your divorce with clarity, reduce unnecessary anxiety, and make informed decisions about your future.
At The Hamil Scott Law Firm, we are dedicated to providing clear, accurate, and compassionate legal guidance. Nicole Hamil-Scott not only works for you...she works with you, offering personalized attention and strategic representation to protect your rights and achieve the best possible outcome for you and your family. If you are considering or going through a divorce in Florida,
contact us today for a consultation. We are here to help you navigate this complex journey with confidence.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice or create an attorney-client relationship. 1 Divorce and equitable distribution laws in Florida are complex and highly fact-specific. You should consult with a qualified Florida divorce attorney regarding your particular situation and circumstances. Contact The Hamil Scott Law Firm for personalized legal counsel.









