Florida Dissolution of Marriage

This publication details the dissolution process from interview through temporary relief and discovery to final judgment. Key areas covered include parental responsibility, child support, alimony, equitable distribution, and attorneys' fees. The publication includes forms and checklists.

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This publication details the dissolution of marriage process from interview through temporary relief and discovery to final judgment. Key areas covered include parental responsibility, child support, alimony, equitable distribution, and attorneys' fees. The publication includes forms and checklists.

Florida Dissolution of Marriage, 14th Edition, highlights:

  • Updated statutes, rules, case law, etc.
  • Updated Forms and Checklists
  • New author for Chapter 4 — Jurisdiction In Child Custody Cases
  • New co-author for Chapter 11 — Parenting Plans
  • New co-author for Chapter 13 — Alimony
  • New author for Chapter 15 — Partition
  • Hot Topics:
    • Updated discussion of child support and tax considerations following the enactment of the Tax Cuts and Jobs Act.
    • Updated discussion of the Parental Kidnapping Prevention Act and the Florida Supreme Court’s Full Faith and Credit determination that Florida courts cannot refuse to enforce an order awarding visitation privileges by another state court.
    • Updated discussion of discovery and the confidentiality of mediation communication.
    • Updated discussion of a fee award under F.S. 61.16 and attorneys' fees considerations.
    • Updated discussion of parenting plans and an award of ultimate decision-making authority.
    • Discussion of current certified conflict among Florida district courts regarding distinction among orders imposing time-sharing limitations, which require specific and unambiguous language regarding the conditions under which a party may regain his or her time-sharing rights, and final judgments modifying time-sharing arrangements, which are not required to include court-specified steps for dissatisfied parents to regain more favorable terms.
    • Florida Supreme Court’s recent address of "presumption of legitimacy" when a putative father files a petition to establish paternity, child support, and timesharing.
    • Recent establishment of Florida courts' ability to prospectively determine timesharing based on an objectively and reasonably certain future event.
    • Recent expansion of parenting coordinators' limitation of liability to include the concept of immunity.
    • Recent granting of authority to Florida Supreme Court to establish minimum standards and procedures for the training, ethical conduct, and discipline of parenting coordinators.
    • An in-depth discussion and analysis of The Collaborative Law Process Act.
    • Discussion of current certified conflict among Florida district courts regarding a trial court’s error in failing to make statutorily required factual findings when awarding alimony, and whether such error must first be raised in the trial court by way of motion for rehearing to be preserved for appellate review.
    • Florida Legislature's recent adoption of a specific formula to be used when determining the marital value created when marital funds are used to pay down the mortgage and note of a nonmarital asset (receding from Kaaa v. Kaaa, 58 So.3d 867 (Fla. 2011)).
    • Florida Supreme Court's recent determination that attorneys' fees are permitted in F.S. 784.046 actions for an injunction for protection against violence.
    • New regulation regarding public benefits and noncitizens applying for SNAP, changing "public charge" criteria.
    • New exception to the disqualification for reemployment assistance — employee who proves his or her voluntary separation from employment is a direct result of circumstances related to domestic violence will not be disqualified from receiving reemployment assistance, if otherwise eligible, provided certain criteria are met.
    • Updated discussion regarding exemptions from public records for petitions for injunction for protection.
    • Florida Supreme Court’s recent determination that fees are permissible in actions for injunctions for protection against repeat, dating, or sexual violence.

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Authors / Contributors

Table of Contents

 Chapter 1  Ethical Considerations In Family Law 
Legal Publications Staff

Chapter 2  Grounds For Dissolution And Effect Of Fault
Daniel E. Forrest

Chapter 3  Jurisdiction, Venue, And Service Of Process
Dolly Hernandez

Chapter 4  Jurisdiction In Child Custody Cases
Paulina Forrest

Chapter 5  Pleadings
Legal Publications Staff

Chapter 6  Temporary Relief
Legal Publications Staff

Chapter 7  Discovery
Susan W. Savard

Chapter 8  Mediation
Juliette E. Lippman

Chapter 9  Settlement And Trial
Gary E. Shader, Jenny Kim Sullivan, and Joshua Bachman

Chapter 10  Final Judgment
Brian Kruger

Chapter 11  Parenting Plans, Parental Responsibility, And Time-Sharing
Brian Karpf and Andy Wilson

Chapter 12  Child Support
Rana Holz

Chapter 13  Alimony
Christian M. Givens and Stann W. Givens

Chapter 14  Equitable Distribution
Katherine O. Birnbaum

Chapter 15  Partition
Leigh Risa Shinohara

Chapter 16  Attorneys' Fees, Suit Money, And Costs
James P. Judkins and Thomas J. Schulte, Jr

Chapter 17  Annulment
Mary Ellen Murphy Borja

Chapter 18  Support Unconnected With Dissolution Of Marriage
Leigh Risa Shinohara

Chapter 19  Proceedings Before Magistrates And Support Enforcement Hearing Officers
Susan W. Savard

Chapter 20  Dissolution Of Marriage And Public Benefits
Cindy Huddleston

Chapter 21  Representing Victims Of Domestic Violence
M. Kimberly Martyn

Chapter 22  Collaborative Family Law
Rosemarie S. Roth, Edward S. Sachs, and Lana M. Stern

Chapter 23  Tax Consequences Of Dissolution, Separation, And Property Settlements
Jennifer E. Murphy and Matthew Lundy

INDEXES