FL Family Law Board Cert flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Irretrievably broken marriage

The no-fault ground for dissolution in Florida. The court must find the marriage irretrievably broken; evidence of one party's refusal to reconcile may require the court to continue the case and order counseling.

Six-month residency requirement

A petitioner must reside in Florida for six months before filing for dissolution. Residency may be proven by corroborating testimony or documentary evidence such as a lease, voter registration, or driver's license.

Equitable distribution presumption

Marital assets and liabilities are divided equally unless the court makes specific written findings justifying an unequal distribution based on statutory factors such as contribution to the marriage or a spouse's dissipation of assets.

Valuation date for distribution

The date for valuing marital assets is the earliest of the date of filing, the date the parties enter a written agreement, or the date of trial. The court may use another date for good cause.

Marital property definition

Assets acquired during the marriage, individually by either spouse or jointly, including income from nonmarital assets and the enhanced value of nonmarital assets attributable to marital labor or funds.

Nonmarital property definition

Assets acquired before the marriage, by gift from a third party to one spouse, by inheritance, by exchange for nonmarital assets, or excluded by valid agreement. Passive appreciation of nonmarital property remains nonmarital.

Enhanced value of nonmarital asset

The increase in value of a nonmarital asset during the marriage. The portion caused by marital labor, funds, or contributions is treated as marital property and distributed accordingly.

Dissipation of marital assets

Intentional waste or destruction of marital assets, such as reckless spending, gambling, or transfers to third parties. The court may offset the dissipated amount against the offending spouse's distribution.

Bridge-the-gap alimony

A short-term award, capped at two years, designed to help a spouse transition from married to single life by meeting identifiable short-term needs. It cannot be modified in amount or duration.

Rehabilitative alimony

An award, capped at five years, supporting a spouse's education, training, or reentry into the workforce under a specific plan. Failure to follow the plan may justify modification or termination.

Durational alimony

An award, capped at two years under current law, providing support for a set period after a short marriage. It terminates upon the death of either party or the recipient's remarriage.

Permanent alimony

An award for long-term support after a long marriage. The 2023 amendments create a rebuttable presumption against permanent alimony when combined income exceeds statutory thresholds, and it terminates on death or remarriage.

Alimony modification standard

A substantial, material, involuntary, and permanent change in circumstances, such as involuntary job loss, serious illness, or a significant change in the recipient's needs, is required to modify an alimony award.

Shared parental responsibility

A court-ordered relationship in which both parents retain full rights and responsibilities regarding major decisions for the child. It is presumed unless the court finds it detrimental to the child.

Best interests of the child

The statutory standard governing time-sharing and parenting plans. The court weighs enumerated factors including stability, parental fitness, each parent's caregiving history, and the child's developmental needs.

Parenting plan requirements

A written plan must address time-sharing schedules, holidays, school and medical decision-making, communication methods, and dispute resolution. The court may reject a plan that is not in the child's best interests.

Relocation notice requirement

A parent seeking to relocate more than 50 miles from the principal residence must serve written notice at least 60 days before the move, and the other parent may object within 20 days.

Income shares child support model

Florida combines both parents' net incomes, applies the guideline schedule, and allocates each parent's share pro rata. Additions include health insurance premiums and work-related childcare costs.

Substantial time-sharing adjustment

When a parent exercises at least 20 percent of overnights, the guideline support amount is multiplied by 1.5 and then reduced by 7.5 percent, reflecting duplicated household costs.

Contempt and purge provision

A civil contempt order for nonpayment of support must specify a purge amount and give the obligor a reasonable opportunity to pay. Inability to pay must be considered before incarceration.

Marital settlement agreement enforceability

A written agreement between spouses is enforceable absent fraud, duress, coercion, or overreaching. Courts may reject provisions affecting child support or parenting that are not in the child's best interests.

Temporary support and fees

During a pending dissolution, the court may award temporary alimony, temporary child support, and attorney's fees. Awards are based on need and ability to pay and may be modified at final judgment.

Attorney's fee awards in family law

The court may order one party to pay the other's reasonable attorney's fees and costs based on need and ability to pay. Fee awards are common in enforcement and modification proceedings.

Parenting coordinator

A neutral professional appointed by the court to resolve disputes about time-sharing and minor parenting issues. The coordinator's recommendations may be reviewed by the court under a clearly erroneous standard.

Guardian ad litem

A court-appointed representative who investigates and reports on the child's best interests in contested custody or dependency matters. The guardian may testify and make recommendations to the court.

Child support modification

Support may be modified upon a substantial change in circumstances, including a significant change in a parent's income or the child's needs. The modification is effective from the date of filing.

Dissolution of marriage petition

The initial pleading must allege residency, the marriage, the ground, and the relief sought. It must also address property, debts, alimony, and parenting if children are involved.

Answer and counterpetition

The respondent must file an answer within 20 days after service and may file a counterpetition seeking relief. Failure to respond may result in a default judgment.

Mandatory disclosure in family law

Parties must exchange financial affidavits, tax returns, pay stubs, and account statements within 45 days of service. Failure to comply may result in sanctions or exclusion of evidence.

Financial affidavit requirement

Each party must file a sworn financial affidavit disclosing income, expenses, assets, and liabilities. The affidavit is required in dissolution, support, and modification proceedings.

Premarital agreement enforceability

A premarital agreement is enforceable without consideration if in writing and signed by both parties. It may address property, alimony, and debts but cannot waive child support or parenting rights.

Paternity establishment

Paternity may be established by voluntary acknowledgment, marriage presumption, or court order. Once established, the father has rights and obligations including support and time-sharing.