Common myths about divorces in Florida

Whether you are considering leaving your marriage or have just received divorce papers, when you have the wrong information about what to expect, this already tense situation becomes more difficult. However, by knowing some of the common Florida divorce myths, you can avoid unnecessary stress and confusion.

To commit adultery is to lose everything
Florida is a “no-fault” divorce state, which means neither party’s role in the end of the marriage will be a basis for filing for divorce. This does not mean, however, that adultery is irrelevant in a Florida divorce. If the unfaithful party used marital resources in the course of their affair, the court may take this into account when deciding how to divide the couple’s property and debts. Additionally, the court may consider the financial harm the cheating spouse has caused the other when determining whether or not to award spousal support. Finally, in certain circumstances, an extramarital relationship may also affect the custody and visitation rights of the adulterous parent.

I will lose my home
When a couple divorces, Florida law requires that their marital assets be divided according to the principle of “equitable distribution”. This process involves looking at different variables and dividing the couple’s assets fairly. When the divorced parties own a house together, they usually have two choices: (1) someone gets the house, takes on the mortgage, and pays the other part of the equity in the property; or (2) The couple sells the house and shares the proceeds or expenses. How the assets are divided will depend on what is reasonable in the context of other factors in the case.

The mother will always have primary custody of the children
While the mother’s relationship with the children will be important to a court when deciding parental responsibility and timeshare, so will the father’s relationship. Florida law presumes that shared parental responsibility and equal sharing of time is in a child’s best interest in the absence of any evidence to the contrary. The law also provides many “best interests” factors for the court to consider when making its decisions. When a father is shown to have a positive and healthy relationship with his child, he is likely to be allowed to spend equal time with them and play an active role in making important decisions about their care and their education.

The divorce must end in trial
Despite how legal cases are portrayed on TV and in movies, dramatic battles in courtrooms are not common. This is especially true in the event of a divorce. The parties tend to prefer to settle their problems rather than leave the choice of their personal life to a court. There are different ways to settle and you have the option of going to trial. However, whichever way you choose to proceed, you will need the advice of an experienced family law attorney to protect your interests.

At Draper Law Firm, they have experienced divorce attorneys who can assess your case, answer your questions, explain the process and what to expect, and advocate for you. Contact them to schedule a free consultation. Simply call 407.846.0075 or visit

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