Creating a Time-Sharing Schedule For Your Children

Your time-sharing schedule should include:

• An everyday schedule that shows when the child is with each parent on weekdays and on weekends
• A holiday schedule that shows which parent the child is with for holidays
• A summer break schedule that shows when the child is with each parent during summer break

Other things to consider as you make your schedule:

• Parents should work together to make a schedule they both like

• Your schedule should give your child frequent and consistent contact with both parents

• Your child’s age usually determines how long and how frequent visits are

• Usually all the children in a family stay together for time-sharing

• If parents are not able to agree on a schedule, the court will establish the schedule

Having the courts establish a time-sharing schedule 

Most courts follow similar guidelines when setting up a time-sharing schedule. For the everyday schedule for children 3 and over, there will be one residential parent, usually the one who lives near the child’s school, and one nonresidential parent. The child visits the non-residential parent:

• One evening during the week after school or work to 8:30 pm

• Every other weekend from Friday after school or work to Sunday evening at 6:00 pm or Monday morning when school starts

• If the child has school off on the Friday before the non-residential parent’s weekend, the weekend time starts on Thursday.

• If a child has school off on the Monday after the non-residential parent’s weekend, the weekend ends on Monday evening or Tuesday morning when school starts.

What is the first step in getting a divorce in Florida?

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The first step is filing a document called Petition for Dissolution of Marriage with the court. This document outlines the claims you have for property and child custody and must be delivered to the other spouse. If you have children, the state of Florida also requires you to attend a seminar on children and divorce.

The Divorce Process in Florida

One of the spouse files for divorce

The spouse filing for divorce is called the Petitioner. They are the one who initiates the procedure with the family law or domestic relations court.

The other spouse receives the divorce papers

The spouse who did not file for divorce is called the Respondent. This spouse will receive the dissolution of marriage papers from a service.

The divorce is filed with the court

The divorce will be handled in the Circuit Court for the county that you live in. The court will assign your divorce a case number and will have jurisdictional rights to grant orders concerning your property, debt division, support, custody, and visitation.

Primary documents are completed and filed

Documents such as the Petition for Dissolution of Marriage and the Final Judgment of Dissolution of Marriage are filed. The documents start and finalize the divorce in Florida, along with ten to 20 other documents. The County Clerk’s office will manage all of your paperwork and keep both parties and lawyers informed throughout the process.

Property is divided and distributed

Marital property is always divided equally in the state of Florida. Florida is an, “equitable distribution” state so judges always divide property in the fairest and most equal way.

Spousal support it determined

Spousal support is decided on a case by case basis so not all divorces require spousal support.

Child custody and support is granted

The state of Florida always strives to do what is best for the children involved and typically grants shared custody and only grants sole custody when it’s in the best interest of the child. Child support is based on the amount of income each parent makes. Income is usually verified by examining past W-2’s and with child support worksheets.

What Happens Next

When a relocation is requested, a parent is required to submit a new parenting plan if the current parenting plan is unable to be fulfilled. This means, that if a parent has regular weekend visits under the current plan and the relocation will cause those weekend visits to be impossible, the relocating parent must submit a new parenting plan. This new parenting plan should account for the relocation in the visiting terms.

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However, even if a new parenting plan is submitted, the relocation can still have objections. After a parent is notified of a relocation proposal and they contest, the child cannot be legally moved until a hearing takes place. The hearing will usually be the time where the parent who objects can bring up their concerns and proof of negative consequences of the relocation for the child. Depending on the severity, the negative consequences may be enough for a judge to reject the relocation proposal.

In most cases where there is regular visitation between both parents, judges go into relocation situations with two assumptions: either option is not good for the child and the parent will move no matter what. The judge usually understands how difficult the move will be on the child. Either way, they are being taken from their home or their parent. In addition, the judge doesn’t typically rule that a parent cannot move, they’re simply called in to decide whether or not the child can move with the parent.

Always Consult a Family Law Attorney

If you’re considering moving and taking your child with you, consult a lawyer as soon as possible. The future for you and your child seems less chaotic when you know what to expect in this process. The attorney can provide consultation and clarification for you so this time doesn’t seem so stressful.

How Child Support is Determined

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Child support is usually straightforward in Florida divorces. The courts typically base child support payment amounts on the length of marriage, the economic state of the spouses, the child’s standard of living, and other similar economic-related statuses. Infidelity isn’t supposed to affect the child support amount ruled, but some exceptions do occur.

Times Your Infidelity Could Affect Child Support

One instance your infidelity could affect child support is if your infidelity causes you to lose the custody battle. If the other spouse is granted full custody of your child, you’ll most likely have to pay child support. If that custody ruling was somehow related to your infidelity, you can blame the affair for your new child support payments. Divorces that end with 50-50 shared custody don’t typically have child support involvement.

Another example of when infidelity could affect child support is if you have wasted marital assets on your affair. If you have wasted, distributed, or destructed marital assets (money, property), the judge may order you to pay child support to make up for the lack of financial support from those assets.

Furthermore, if your infidelity has caused a negative affect on your relationship with either your spouse or child, the judge might rule against your favor in matters regarding custody and child support.

Each divorce case in Florida is different. Always consult your family lawyer to find out what you can expect for your specific situation.

Florida Property Division

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Florida’s laws regarding property division call for equitable distribution of property between the two spouses. This means that in most scenarios, you can expect your house and belongings to be split fairly between you and your spouse. However, there are instances where there are exceptions to this law. Each case is judged individually, so in a divorce where a judge may see equal property division as unfair, the judge will then look at other factors to determine how the property will be split. In these types of cases, the judge will look at several factors including but not limited to:

• Spousal contribution or interruption to the other spouse’s education or career opportunities
• Spouse’s financial status
• The length of the marriage
• Destruction or waste of marital assets
• Contributions made to improving shared assets

As always, each case is different. There are many things a judge will look at if they feel equal property division during a divorce would be unfair. Consult with your divorce lawyer for more specific information regarding your case.

There’s a bit of wiggle room in the division, and if the couples can agree on certain items being split, the entire process can go much more smoothly. There will always be property worth fighting over, though. Case in point:

What happens to big-ticket items like houses and cars?

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With houses, the value is almost always taken into account along with the other community property, so if one person ends up with the house, the other person is awarded other items of commensurate value. One of the big exceptions to this rule is if one parent is granted sole custody of children, in which case they tend to get the marital house as well. This is not always the case, though, and certainly not the only exception to the rule either.

For things like cars, it actually gets a bit more complicated.

Generally, the rule is, if the item was owned by one person before the marriage, it’s not community property (there are always exceptions). However, if one vehicle was purchased and shared by both spouses, even if only one person’s name is on the title, then it will usually be considered community property, and the dollar value of that vehicle will be included in the property division determination. Sometimes, it can even be possible to argue that a vehicle one spouse owned before the marriage turned in to community property while in the marriage. This could be due to the couple carpooling to work, or the other spouse selling their preexisting car in order to consolidate, etc.

It’s worth mentioning that the split of all these possessions can be agreed upon by the spouses, but if no amicable agreement can be reached, this is how the court system will treat a property division case.

Cars are a borderline-necessity in this day and age (especially in Florida), so make sure that you think about what is likely to happen to your marital vehicles should you be facing divorce. Even if your name has never been on the title, you may still be able to claim ownership of it. Be sure to talk to a skilled attorney if you have any questions.

The truth, though, is that very few divorces get to that point. Even though a relationship is ending and property is splitting, most couples are able to work together on at least a few areas. Some lucky couples are even able to agree on everything, which is called an uncontested divorce. There are a few other terms as well, such as amicable, collaborative, and even friendly.

It might seem like for an uncontested divorce, an attorney is unnecessary, but that is definitely not the case.

Divorce law is extremely complex

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Often times, people have an expectation that filing or divorce can be as simple as filling out a form and sending it in to the state, but it is massively more complex than that. There are a large number of forms that need to be filled out in explicit detail, and there are hundreds of items of information you will have to gather to include with your filing. If you forget any of those items, it can be back to square one for you and your spouse, with time and filing costs wasted.

Not only that, but are you 100% sure that the divorce plan is satisfactory to you? Relationships are built around compromise, whether it be when they’re just starting up, while they’re in full-swing, or even when they’re ending. You cannot file for divorce without some form of compromise, and far too often, one person in the couple will compromise more than they should simply for the sake of the collaborative divorce. For example:

• Did you forget to itemize some precious property you wanted?
• What about retirement accounts or investments?
• Did you compromise too much on the parenting plan, leaving your spouse with much more time than you feel they deserve?
• Did you decide to not push for needed spousal support while you get your career going again?
• Did you neglect to fight for the current marital home?

All of this, and more, is what your attorney will cover with you when you sit down to meet with them. While many people do successfully file for divorce without a lawyer, the entire reason Florida divorce attorneys exist is as an expert safety net, ensuring that you will get as much of what you deserve and want as you possibly can.

Whatever you decide, there are skilled family law attorneys out there with the answers to your questions. Whether a contentious divorce is the right way to go for you, or a collaborative one, they will be able to help you take the next appropriate step.

Depending on whether both parents were able to work together to formulate the plan, or the court had to design one themselves, sticking to the plan is very important, not only for the child’s benefit, but also to adhere to the family court’s guidelines.

How to stick to the plan

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Once the plan has been formulated and put in place, the hard part becomes sticking to it. Here are a few tips to help you keep it up, month in and month out:

• Talk to your employer – The time you spend with your child is precious, and keeping them (or your ex-spouse) waiting because you’re still at work is never a good idea. Discuss your time-sharing plan ahead of time with your employer to make sure that you will be immediately available to your child when it’s your turn.
• Have activities already in mind – Depending on where you live, there are always things to do out and about, so spending a few minutes getting ideas in mind for when you have your child can go a long way.
• Build some rituals together – Humans are creatures of habit, so whether it’s Saturday morning pancake breakfast, an ice cream trip on Wednesday nights, or building a new model plane together, having a pre-determined thing for you and your child to look forward to can be a great help.
• Work with your ex-spouse – This one might not always be possible, depending on the circumstances of the divorce, but communicating with your spouse can make a huge difference. If you have to work late one evening, or have an emergency that calls you out of town, being able to communicate that with your child’s other parent can help smooth out a lot of potential rough patches.
• Stay involved with your child, even when you don’t have them – This can be as simple as sending them funny emails, calling them on their birthday, or going to any applicable parent meetings at their school. Just because they’re not staying at your house doesn’t mean they’re not currently your child, so try to stay as active in their life as you can.

In some ways, sticking to a time-sharing plan can be even trickier than simply having full custody, but hopefully with these tips, you find adhering to it a bit easier.

If you are in need of modifying an existing time-sharing plan, or are in need of setting one up to begin with, be sure to get in touch with a family law attorney right away. They’ll be able to answer all your questions and help you take the appropriate next steps.

Different types of Florida alimony

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When it comes to family courts approving alimony, there are a few different types, determined by the family situation:

• Temporary alimony – This is used during divorce proceedings themselves, and only when one spouse is in need of financial support while in the process of filing. Once the divorce is finalized, support stops.
• Rehabilitative alimony – This is a time-sensitive plan used specifically for acquiring training or education, wherein one partner will submit a detailed outline covering how long they need support for, and the amount of money the education/training will require.
• Bridge-the-gap alimony – An extremely short-term form of alimony (max 2 years), this is usually used as a form of support during temporary financial hardship following divorce. For example, if the individual is attempting to sell property (houses, vehicles, etc.), this can be used to cover living expenses until the sale is finalized.
• Permanent alimony – This one requires judges to prove that one spouse will likely be unable to become self-supporting in the future, but in cases where one spouse’s current economic situation is likely to be permanent, it is useful.
• Durational alimony – This is generally only used when other forms of alimony do not apply, but there is still need for spousal support. The reason it’s called durational is because the term is it valid for can be no longer than the length of the marriage up to the point of divorce.

Factors in alimony amount

Once the court has determined the type of spousal support that is appropriate, it then comes down to determining the amount. There are myriad factors that come into play here, but some of the common ones include:

• Each spouse’s age, and physical/emotional condition
• Sources of income available to each spouse compared to living costs
• Each spouse’s potential earning capacity, including employment history, education, vocational skills, etc.
• Current marital standard of living
• How long the marriage was
• How much each spouse contributed to homemaking, child care, and supporting the other spouse during education/career-building
• Whether adultery was present in the marriage

This list is nowhere near exhaustive, but it gives you a few ideas of criteria that judges will consider when determining alimony amounts. If you are facing alimony currently, or are considering alimony in regards to a pending divorce, do not hesitate to get in touch with a divorce attorney immediately.

Domestic violence injunctions

Domestic violence injunctions are the most common, and are usually obtained by a family or household member who is either a victim of domestic violence or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of domestic violence.

Other types of injunctions

Repeat violence injunctions

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Repeat violence is considered to be two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition. Victims of repeat violence can obtain a repeat violence injunction.

Dating violence injunctions

Dating violence is violence between two people who are currently in or have been in a significant romantic relationship. If someone in this situation has been the victim of violence of believes he or she is at risk for becoming a victim, they may obtain a dating violence injunction.

Stalking injunctions

Stalking is the willful, malicious, and repeated following, harassing, or cyberstalking of another. A stalking injunction can be obtained by someone who is being stalked in person or online, which is called cyberstalking. Stalking causes emotional distress to the victim.

Getting a restraining order in Florida

If you would like to file for a restraining order in the state of Florida, contact one of our lawyers here.