Prenuptial Agreements are governed under Fla. Stat. §61.079 which requires the agreement be in writing and signed by both parties. The statute also allows the parties to address all substantive rights in the agreement and identifies the basis under which a premarital agreement is not enforceable.

A marriage can’t be terminated without the entry of a court order as it is a purely statutory cause of action. Fla. Stat. Chapter 61 regulates entitlement to a dissolution of marriage as well as all rights and obligations connected thereto. Florida, like all other states in the union, is now a “no-fault” divorce state.

Alimony, or spousal support, falls under the purview of Fla. Stat. 61.08. There are many different forms of alimony and the court is authorized to award any combination of these forms to either party in a Florida divorce. This award must be supported by specific findings of fact in accordance with the factors included in the statute.

The express public policy of Florida is that each minor child should have frequent and continuing contact with both parents. Shared parental responsibility means both parents have the same rights to make major decisions regarding their child’s health, education and welfare. If this is determined to be detrimental to the child, a court may grant sole parental responsibility or ultimate responsibility over specific aspects of the child’s welfare.

A party seeking modification of any court order must file a Supplemental Petition for Modification. When seeking  modification, a party must prove a substantial, material and unanticipated change in circumstances has occurred since entry of the order. For a modification of timesharing or parental responsibility, a party must also show that modification is in the best interest of the child.