Divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce restores an individual's right to marry someone else. The process also legally divides marital assets and debts and determines the care and custody of the children. Each state addresses these issues differently. However, most states follow the same basic principles and use relatively uniform standards.

In some states you need to prove fault, commonly referred to as grounds, to obtain a divorce. However, the majority of states allow at least one form of no-fault divorce in which the spouses are not required to prove that the other caused the breakdown of the marriage. If no-fault grounds for divorce are available in your state, either you or your spouse may obtain a divorce, even if one of you does not consent to the divorce. In some states both fault and no-fault divorce are available.

In most divorces, the primary issues to be decided are alimony or spousal support, property division, and, if there are children, child custody, visitation, and child support. When spouses agree on how to resolve these issues, they can usually obtain a divorce quickly. However, in many cases, divorcing spouses have disputes regarding their post-marriage financial arrangements and the care and custody of their children. Property division and alimony are often hotly contested issues in divorce proceedings, but the early advice of a family law attorney may be able to impact the ultimate result favorably.

The care and upbringing of children following divorce is often an ongoing source of conflict for divorcing parents. In Florida, the term Residential Responsibility refers to the parent with whom the child resides which is often referred to as custody.  Parental Responsibility refers to the right to be involved in the major life decisions involving the child regardless of where the child resides.

Parents have a legal obligation to financially support their children. That obligation usually lasts until the child reaches the age of majority or becomes self-supporting. An order for child support may be entered during a divorce or paternity proceeding and may be modified thereafter upon a substantial change in circumstances of one or both of the parents or child.
A parent who fails to remain current on his or her child support obligations may face significant penalties including incarceration for failure to pay support. Every state has a child support enforcement office that works with the family court to suspend professional or business licenses, take away driver and recreational licenses, require payment of future owed sums in advance, or place non-paying parents in jail when child support obligations are overdue. Because of the state specific requirements involved in child support, parents can benefit from the advice and involvement of a family law attorney at our firm when child support issues arise.