Florida Divorce – What If I Deny That My Marriage Is Irretrievably Broken?

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In the 1970’s, Florida followed the trend of other states by adopting “no fault divorce.”  Prior to this, parties needed to allege a reason for a divorce, such as infidelity, domestic violence, or impotence.  Once Florida become a no fault state, all that needed to be alleged was that the marriage was irretrievably broken.

But what if one party denies that the marriage is irretrievably broken?  Florida Statutes section 61.052(2)(b) addresses this possibility:

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Florida Support Unconnected With Divorce

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Section 61.09 of the Florida Statutes allows a spouse to request alimony (also referred to as “separate maintenance” or “spousal support”) and/or child support without asking for divorce.

There are various reasons why a spouse may file a case for support without asking for a divorce:

  • Florida does not recognize the status of “legal separation,” so this process allows a spouse to have a trial period apart without having to make a decision regarding divorce;
  • A party may not want a divorce because of religious beliefs;
  • A spouse may not want to go through a divorce while his or her children are still under the age of 18 or living in the home; or
  • A person may not have met the six month residency requirement to file for divorce (Florida requires that at least one party to a divorce reside in the state for at least six months prior to the filing of divorce; a proceeding for support unconnected to divorce has no such residency requirement).

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Where In Tampa Bay Can I Get Fingerprinted For My Legal Name Change?

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If you want to get your legal name changed in Florida, and you are not getting married or divorced, you will probably need to submit fingerprints for a state and national background check.  Pursuant to Florida Statute section 68.07, the fingerprints must be submitted electronically, and they will be reviewed by the Florida Department of Law Enforcement and the Federal Bureau of Investigation.

So where do you submit fingerprints electronically?

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Does Florida Have Alimony Guidelines?

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When judges and child support hearing officers determine what amount of child support a parent should pay, they have a formula to help guide them to a proper child support amount. These guidelines take into account each party’s income, the amount of time a child spends with each party, and the amount of money each party spends on healthcare and daycare for the child.

So does Florida have any similar guidelines to help a judge determine a proper amount of alimony?

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Rights Recognized in Tampa’s Domestic Partnership Registry

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As President Obama today expressed his support for gay marriage, the State of Florida continues to define marriage as “a legal union between one man and one woman,” leaving homosexuals in loving relationships in a state of legal limbo.  Attempting to fill in the gap, many local county and municipal governments are passing “domestic partnership registries” which codify certain rights to heterosexual and homosexual partners.  Tampa, for one, has passed an ordinance creating a domestic partnership registry.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

Tampa’s domestic partnership law recognizes the following rights for registered partners (to the extent that these rights are not superseded by other laws or ordinances or by contract):

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Legislative Update: Summary of Changes to Florida’s Adoption Laws

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Logo Of Florida House Of RepresentativesMany bills relating to family law were proposed this past legislative session.  Many, if not most, of the bills died, while some, including House Bill 1163, passed both houses and were signed into law by Governor Scott.  House Bill 1163 (now Chapter 2012-81 of the Laws of Florida) made the following changes to Florida’s adoption laws (as summarized by the Florida Senate Committee on Children, Family, and Elder Affairs):

  • Requires that a petition for termination of parental rights contain facts supporting the allegation that the parents of the child is informed of the availability of private placement of the child with an adoption entity;
  • Removes legislative intent that all placements of minors for adoption be reported to the Department of Children and Family Services (DCF or department);
  • Amends certain definitions in ch. 63, F.S.;
  • Exempts adoption proceedings which were initiated under ch. 39, F.S., from the requirement to search the Florida Putative Father Registry if the search was previously completed;
  • Requires the use of an adoption entity for all adoptions of minor children, unless the adoption is by a relative or stepparent;

Disparaging The Other Parent Hurts Your Child And Your Florida Child Custody Case

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Rosalind Sedacca, a divorce and parenting coach and author, writes about why parents should not bash one another in front of their children:

When you put down their other parent, your children are likely to interpret it as a put-down of part of them. When both parents are guilty of this behavior, it can create a great confusion along with a sense of unworthiness and low self-esteem. “Something’s wrong with me” becomes the child’s unconscious belief.

***

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TMH v. DMT: Florida Appellate Court Recognizes Parental Rights of Both Lesbian Mothers in Case of Fertilized Egg Transplant

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Here’s the story:  Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies.  One woman (the “Genetic Mother”) supplies the egg and has it fertilized.  That egg is then implanted into her partner (the “Birth Mother”) who gives birth in 2004.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

The child is given a hyphenated last name, combining the names of the Birth Mother and Genetic Mother.  Birth announcements are sent out, proclaiming both partners to be mothers of the child.  The partners reside with one another and the child in Florida, and they all live happily ever after.

Until 2006, when the Birth Mother and Genetic Mother break up.

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Does Florida Have A Waiting Period For Divorce?

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Oftentimes when potential clients come into my office for a consultation, I get asked the following question:  “Does Florida have a waiting period for divorce?”

In fact, Florida does have a waiting period.

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No Changes to Florida Alimony Laws

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In previous posts, I had written about proposed changes to the Florida Alimony Statute (section 61.08, Florida Statutes) that were under consideration in Florida Senate Bill 748 and Florida House Bill 549.

Well, as it turns out, neither of these bills passed in the Florida Legislature’s 2012 session. On March 9, the Senate Bill died in Rules, while the House Bill died in Judiciary.

If you have questions concerning your Florida alimony case and you are looking to retain a Tampa Bay alimony attorney, contact The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or by filling out our online form.