June 30, 2008

Florida Divorce Laws Change July 1

Florida divorce law no longer includes custody and primary residential parent. On October 1, 2008, Florida law dramatically changes with respect to children and divorce. There is no "primary residential parent" anymore. Every family must now write a parenting plan that contains all the child-related terms. If you do not write your own, the judge will do it for you. DIY has written about parenting plans in the past. Now parenting plans will be mandatory in Florida. DIY Divorce now offers a customizable Florida Parenting Plan that meets the requirements of the new October 1, 2008 law changes.

Other changes took effect on July 1st. It is now possible to have the court order a partial equitable distribution when the situation warrants it. There is no more "special equity" in Florida. And, like real property, there is now a gift presumption for personal property.

Probably one of the most important change is that court fees increased. The filing fee for the petition increased about $50. There is now a filing fee for counter-petitions and you must pay $10 to have a summons issued.

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