Getting a divorce in Jacksonville

Florida has ‘upgraded’ its divorce statutes

May 11, 2011

By Mike Hinshaw

From what I can tell, Florida is trying to upgrade its laws to match expectations of its citizens. As soon as I can,  I’ll  get to specifics about Duvall County and the Jacksonville environs.

2008 law: ‘Radical rewrite’

What strikes, me, though is this…from a Florida-based Web site:

There is big news in Florida child custody law! The Florida law that governs divorce, custody, and related family law matters is known as Chapter 61. This revision is a radical rewrite, 115 pages in length. It will affect the way cases are decided in the State of Florida. The effective date: October 1, 2008.

Keeping both parents involved

Apparently, what the courts decided was that both parents needed to be more involved:

There will no longer be a “Primary Residential Parent” and a Secondary Residential Parent.” The term “Custodial Parent” is also abolished (done away with). The new designation for both the Mother and Father is “Parent.” Go figure! Based on what we have heard, this is an attempt to equalize the importance of both parents. The old terms understated the role the Secondary Parent played in the life of their children.

The term “Visitation Plan” has also been done away with. Now, the terms “Parenting Plan” and “Time-Sharing” will be used. Again, based on what we have heard, this is an attempt to encourage courts to craft parenting arrangements allowing both parents a greater role in their children’s life.

Remember, suing for divorce is a lawsuit

Look, if any of  these “legalistic” terms have you confused, don’t feel alone. Divorce proceedings are a civil-legal action in all states.

But, “divorce” is NOT criminal.

That being said, certain behaviors of you or you ex can result in criminal charges. And that varies, by state.

This is one big reason why you should consider retaining a trained, experienced divorce attorney in your case.

Florida embraces ‘no-fault’ status

A good thing: Florida has transitioned into a mostly “no-fault” state, more so even than other so-called no-fault states: As I’m reading the state statutes, the only grounds for divorce in Florida are what’s known as “broken marriages” or otherwise some sort of mental incapacity.

Next time? “Divorce in Florida,” then more specifics about Jacksonville and Duval County.

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