Understanding the Factors a Court considers during a Divorce

Robert Bogen • August 31, 2023

Divorce is never easy, and it can be a confusing, emotional and overwhelming process. Divorce in Florida is governed by Florida laws and statutes, which outline the requirements and procedures that must be followed to end a marriage. A divorce can be a complicated process, and it involves numerous legal and financial issues. If you're considering a divorce, you should know that in Florida, the court decides important issues such as property division, child custody, and alimony. This blog post will explore the factors that a court will consider during a divorce.



1. Property and Asset Division

Florida follows the equitable distribution of property law, which means that the court will divide the marital property in a fair and reasonable way. The court considers various factors when dividing property and assets, such as the length of the marriage, any premarital assets, the economic status of each spouse, and the contributions of each spouse to the marriage. The division of assets can be one of the most contentious aspects of a divorce.


2. Child Custody

Child custody is another crucial area in a divorce case. If the couple has children, the court takes into account what is best for the children when making custody decisions. The judge considers the child's physical and emotional well-being, the living arrangements and stability of each parent, the parents' parenting abilities, and any relevant factors that may affect the child's best interests.


3. Alimony

Alimony is a payment that one spouse makes to another spouse for support after the marriage. The court considers various factors when determining the amount and duration of the alimony award, such as the financial need of the requesting spouse, the paying spouse's ability to pay, and the standard of living the couple enjoyed during their marriage.


4. Domestic Violence

If there is domestic violence involved in the marriage, the court takes it seriously and prioritizes the safety of the victim and any children of the marriage. The court may issue a restraining order or child custody order to ensure the victim's safety and protection.


5. Adultery

In Florida, adultery is not considered a criminal offense, and it generally does not affect the division of assets. However, a Judge may take adultery into account when deciding alimony or child custody issues.


Divorce is a complicated process filled with legal, emotional, and financial hurdles that parties must navigate. Understanding the factors that a court considers during a divorce is essential to prepare for the process effectively. While understanding these factors may not eliminate the stress of the divorce process, it can help individuals approach their divorce with an informed mindset. If you could benefit from guidance through your divorce proceedings, it may be beneficial to enlist the help of a qualified divorce attorney.


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