FL Family Law Board Cert cheat sheet
FL Family Law Board Cert · Keep the key ideas within reach.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.
Marital and Family Law - Florida Board Certification Reference Sheet
Dissolution grounds: Florida is a no-fault state under Fla. Stat. § 61.052 - marriage is irretrievably broken, or one spouse has been adjudged incapacitated; residency requires six months before filing, proven by corroborating testimony or evidence.
Equitable distribution (Fla. Stat. § 61.075): classify each asset as marital, nonmarital, or mixed; date of valuation is the earliest of filing, agreement, or trial; distribution starts from a 50/50 presumption and must be justified in writing when unequal.
Enhanced value of nonmarital property: the marital portion is the difference between value at marriage (or acquisition) and value at valuation date, minus passive appreciation attributable to the nonmarital asset; active appreciation from marital labor or funds is marital.
Alimony under Fla. Stat. §§ 61.08 (as amended in 2023): categories are temporary, bridge-the-gap (max 2 years), rehabilitative (max 5 years), durative (max 2 years, no cohabitation), and permanent; the 2023 amendments create a rebuttable presumption against permanent alimony above combined income thresholds and tie duration to marriage length.
Alimony factors: standard of living during marriage, marriage duration and each party's age, emotional and physical condition, financial resources, earning capacity, contributions to the marriage (including homemaking and career building), tax consequences, and all sources of income including retirement.
Parental responsibility (Fla. Stat. § 61.13): court orders shared parental responsibility unless it finds detriment to the child; time-sharing is determined by the best interests of the child using the enumerated statutory factors, and relocation requires 60 days' written notice.
Child support: Fla. Stat. § 61.30 income shares model - combine both parents' net incomes, apply the guideline schedule, allocate shares pro rata, add health insurance and work-related childcare, then apply the 7.5% substantial time-sharing adjustment (threshold 20% overnights).
Modification and enforcement: a substantial, material, involuntary, and permanent change in circumstances is required; contempt requires willfulness and present ability to pay, and civil contempt must include a purge provision.
Property and marital settlement agreements are enforceable under § 61.079 absent fraud, duress, coercion, or overreaching; the agreement may waive alimony and address equitable distribution but cannot waive child support or bar court review of parenting in the child's best interests.