Florida divorce laws are a lot different from many other states divorce laws. Florida divorce law has a lot of presumptions in them. A divorce law presumption assumes one fact from the existence of another fact. A presumption is a way to make it easier to establish a fact or to implement the state’s public policies.
So, what exactly are some of the Florida divorce law presumptions? Here are some of the presumptions you will find in Florida divorce law:
Florida divorce law will presume that a marriage is valid when the parties have a ceremony and live together under a belief that they are lawfully married.
Florida divorce law presumes that the assets and debts accumulated during the marriage are marital and subject to equitable distribution. Florida divorce law also presumes that both spouses made an equal contribution to the marriage.
The equal distribution in Florida also presumes a 50/50 split of assets and debts as the starting point for division.
Children born during a marriage are presumed to be the legitimate children of the spouses. This means that Florida courts are presumed to have continuing jurisdiction over child matters when the original decision came from a Florida court.
Shared parental responsibility is also assumed in Florida divorce law.
Florida divorce law presumes that an entitlement to alimony in a long-term marriage and presumes no entitlement in a short-term marriage.
Florida law also presumes an ability to pay support amounts ordered by the court.
If you have an uncontested divorce or you are representing yourself in a divorce in Florida, you are also presumed to know every law and court rule. This also means that you are expected to know every presumption in Florida as well. This is were most people get into trouble in a Florida divorce case.
If you are the petitioner in Florida, the presumptions in the Florida divorce laws will help you in your divorce case. If you are the respondent, you will have to prove, with evidence, to overcome or dispute the presumptions if they are raised in court.
If you are the respondent in a Florida divorce case, you really should consider hiring a divorce attorney. If not for the full case, at least to consult with.