J.PEACE

1. Jurisdiction of the Court over the marriage and the parties

2. Parental Responsibility

a) Shared Parental Responsibility

b) Sole Parental Responsibility

c) Parenting plan

1) "Parenting plan" means a document created to govern the relationship between the parties relating to the decisions that must be made regarding the minor child and shall contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child's education, health care, and physical, social, and emotional well-being.

2) The parenting plan shall be (1) developed and agreed to by the parents and approved by a court or, (2) if the parents cannot agree, established by the court.

3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule . . . the best interest of the child shall be the primary consideration.

d) Key is "Parenting Capacity and Disposition". Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the minor child, including, but not limited to:

1) The demonstrated capacity and disposition of each parent (1) to facilitate and encourage a close and continuing parent - child relationship, (2) to honor the time-sharing schedule, and (3) to be reasonable when changes are required.

2) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

3) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

4) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

5) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

6) The moral fitness of the parents.

7) The mental and physical health of the parents.

8) The home, school, and community record of the child.

9) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(a) No minor child shall be deposed or brought to a deposition, brought to court to appear as a witness, or to attend a hearing, or subpoenaed to appear, without prior order of the court based upon good cause, unless in an emergency situation.

10) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, (1) the child's friends, (2) teachers, (3) medical care providers, (4) daily activities, and (5) favorite things.

11) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as (1) discipline, and (2) daily schedules for homework, meals, and bedtime.

12) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

13) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.

14) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

15) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

16) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.

17) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

18) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by (1) not discussing the litigation with the child, (2) not sharing documents or electronic media related to the litigation with the child, and (3) refraining from disparaging comments about the other parent to the child.

19) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

20) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

3. Equitable Distribution

a) Presumption of equal division of marital assets and liabilities. "The court must begin with the premise that the distribution should be equal" - Fla. Stat. §61.075(1)

b) Fla. Stat. §61.075(1) - Statutory Justifications for an unequal distribution

1) Contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

2) The economic circumstances of the parties.

3) The duration of the marriage.

4) Any interruption of personal careers of educational opportunities of either party.

5) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

6) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

7) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the martial assets and the non-marital assets of the parties.

8) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party.

9) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

10) Any other factor necessary to do equity and justice between the parties.

c) Non-marital assets and liabilities

1) Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;

2) Assets acquired separately by either party by non-interspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;

3) All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; and

4) Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a non-marital liability only of the party having committed the forgery or having affixed the unauthorized signature.

5) Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities.

d) Marital assets and liabilities:

1) Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them;

2) The enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both;

3) Interspousal gifts during the marriage;

4) All vested and non-vested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs;

5) All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is non-marital; and

6) All personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. In the event a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is non-marital.

4. Alimony

1) Types of alimony

2) Temporary Alimony

3) Bridge the Gap Alimony

4) Rehabilitative Alimony

5) Durational Alimony

6) Permanent Alimony

7) Lump Sum Alimony

8) Statutory factors

9) Standard of living that the parties enjoyed during their (intact) marriage

10) Duration of marriage

11) Age and physical and emotional condition of each party

12) The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each.

13) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

14) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

15) The responsibilities each party will have with regard to any minor children they have in common.

16) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

17) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

18) Any other factor necessary to do equity and justice between the parties

5. Child Support

1) The following principles establish the public policy of the State of Florida in the creation of the child support guidelines:

(a) Each parent has a fundamental obligation to support his or her minor or legally dependent child.

(b) The guidelines schedule is based on the parent's combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

(c) The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.

2) All child support orders and income deduction orders entered on or after October 1, 2010, must provide:

(a) For child support to terminate on a child's 18th birthday unless the court finds or previously found that s. 207 743.07(2) applies, or is otherwise agreed to by the parties

6. Everything Else

a) Restoration of name

b) Income Taxes

c) Attorney Fees

d) Security for judgment

e) Bankruptcy

f) Life Insurance

g) QDRO

h) Income Deduction Order (IDO) for Child Support, Alimony and/or Attorney's fees

(i) Etc.