Attack outline
FL Family Law Attack
Review the FL Family Law Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
Ordered attack steps
- License + ceremony
- Capacity (age, mental, not already married)
- No prohibited relationships
- FL: No common law marriage (recognize from other states)
- Marital vs non-marital property
- Marital: Acquired during marriage
- Non-marital: Before marriage, gift, inheritance
- Equitable distribution: Starts 50/50, factors can deviate
- NO MORE PERMANENT ALIMONY
- Types: Temporary, bridge-the-gap (2 yr max), rehabilitative (5 yr max), durational
- Durational caps: Short <10yr=50%, Moderate 10-20yr=60%, Long 20+yr=75%
- Factors: Need, ability to pay, standard of living
- Best interest of child standard
- Shared parental responsibility presumed
- Factors: Stability, parent capacity, child preference (if mature)
- Parenting plan required
- Guidelines based on income shares
- Can impute income if voluntarily unemployed
- Deviations for special circumstances
- Modifiable upon substantial change
- Writing required
- Voluntary execution
- Full disclosure OR waiver
- Not unconscionable