Legal Questions

Florida divorce law contains many presumptions. A presumption assumes one fact from the existence of another fact. Presumptions are a way to make it easier to establish a fact or to implement the state’s public policies. Here are some of the presumptions in Florida divorce law:

Marriage Presumptions

Florida law presumes that a marriage is valid when the parties have a ceremony and live together under a belief that they are lawfully married.

Equitable Distribution Presumptions

Florida law presumes that assets and debts accumulated during the marriage are marital and subject to equitable distribution.

Florida law also presumes that both spouses made an equal contribution to the marriage.

Equitable distribution presumes a 50/50 split of assets and debts as the starting point for division.

Child-Related Presumptions

Children born during a marriage are presumed to be the legitimate children of the spouses.

Florida courts are presumed to have continuing jurisdiction over child matters when the original decision came from a Florida court.

Shared parental responsibility is also assumed in Florida law.

Alimony Presumptions

Florida divorce law presumes that an entitlement to alimony in a long-term marriage and presumes no entitlement in a short-term marriage.

Once ordered, Florida law presumes an ability to pay support amounts ordered by the court.

When you represent yourself in a Florida divorce case, you are presumed to know all the court rules and the law, including the legal presumptions. If you are the petitioner in a Florida divorce case, let the presumptions help you prove your case. If you are the respondent in the case, you will need evidence to overcome or rebut the presumptions if any are raised in your Florida divorce case.