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Florida law does not have a universal answer for this, meaning that there is no law that says the Wife, or the Husband has to leave, while the other has to stay. In order for one spouse to force the other out, one of several things can occur.
A Florida marital settlement agreement, also referred to as an MSA, is a contract that sets forth the terms agreed upon by a couple as it relates to their rights and responsibilities after divorce.
Most courts in the State of Florida require that an MSA is filed along with a petition of simplified dissolution of marriage. It is advised to seek legal counsel from a divorce attorney to help you negotiate the terms of the MSA and complete the marital settlement agreement form when filing for divorce.
Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.
In most cases, child support is mandatory in Florida. The purpose of child support is to make sure that both parents are still financially responsible for the child, even after a divorce.
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Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child.
In a Florida divorce or child custody case, the judge will consider the childrens best interests when deciding how time-sharing will be allocated amongst the parents. See Florida Statute 61.13. Florida custody law does not give any preference to mothers or fathers when deciding child custody matters.
How long does it take to get a divorce in Florida with a child? If both spouses agree regarding custody, child support, and parenting plans, they can have an uncontested divorce, which may range from 4 to 6 weeks.
The average cost of divorce in Florida is $13,500 without children or $20,300 with children, according to USA Today. However, the actual cost of a divorce in Florida can vary by tens of thousands of dollars based on the type of issues involved in the case and how those issues are resolved.
Who Gets the House in a Florida Divorce? A court wont order a couple to split a marital home, but a judge may award one spouse the home in exchange for buying out the other spouses share of the home. In other cases, a judge may order the couple to sell the home and divide the proceeds.

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