Florida refers to “timesharing” instead of custody. Courts prioritize the best interests of the child(ren) when determining timesharing. According to Florida Statutes Section 61.30(a)-(t), the court considers several statutory factors. Key points include:

• There is a presumption for equal timesharing, but this can be rebutted if not in the child’s best interest.

• Florida generally supports shared parental responsibility, where both parents make major decisions unless one is deemed unfit.

Yes. Modifications are allowed under the following statutes:

• Child Support: Florida Statutes § 61.13

• Alimony: Florida Statutes § 61.08

• Modification Procedures: Florida Statutes § 61.14

To modify, there must be a material and substantial change in circumstances not anticipated at the time of the last order. Examples include:

• A change in income or employment

• A change in timesharing

The process requires filing a supplemental petition with the court and providing evidence of the change.

• An uncontested divorce occurs when both spouses agree on all issues, such as:

  • Asset division

  • Child custody/timesharing

  • Support
    This type typically avoids lengthy court hearings beyond a final hearing.

• A contested divorce occurs when the spouses disagree on one or more issues, and may require a trial where the court decides the outcome.

Asset division is governed by Florida Statutes §§ 61.075 and 61.076, which address equitable distribution. Key points:

• There is a presumption of equal division of marital assets and liabilities.

• However, the court can grant an unequal distribution if justified by factors such as:

  • Intentional waste of marital assets within 2 years before the filing of the divorce.