Florida Supreme Court "Family Court" opinions: The Florida Supreme Court has recognized that families should be able to have all of their disputes resolved in the most effective and efficient way possible. Court cases involving one family are handled before one judge unless impractical. Since 1991, a series of Florida Supreme Court opinions (also known as the "Family Courts" opinions) have been instrumental in shaping family courts throughout the state. Click here to view the "Family Courts" opinions.
Rules of Court Procedure: Different case types are governed by different rules of procedure. For example, dependency and delinquency cases are managed by the Rules of Juvenile Procedure whereas dissolution of marriage cases are administered by the Family Law Rules of Procedure. Click here to find links to all of the various rules of court procedure for Florida courts.
In some cases, the court must appoint a guardian ad litem, or GAL, to represent the best interests of the minor child(ren). The Statewide Guardian ad Litem Office is a Guardianship type of legal representation. The Statewide Guardian ad Litem Office recognizes that children cannot make decisions for themselves that involve their health and safety. Guardians ad Litem must provide all information to the judge about the child and advocate for what is in the child’s best interest. Below you will find the link to the Statewide Guardian ad Litem Office's website.
Florida Rule of Civil Procedure 1.280 governs the general discovery provisions in family law matters with exceptions set out in Fla. Fam. Law. R. P. 12.280.
Family Law
A) Divorce Actions
The standard of review in a dissolution of marriage action is abuse of discretion.47
1) Property Distribution
Determinations of the correct property distribution between spouses, such as future retirement benefits, involves interpretation of the dissolution judgment. Thus, the trial court’s order is subject to the de novo standard of review.48
2) Alimony
a) Original Proceedings
In the absence of required findings, an award of permanent periodic alimony is reversible error.49 The court fundamentally errs when it does not make findings regarding the parties’ previous standard of living because the failure to do so makes it impossible to determine the alimony award’s reasonableness.50
3) Child Support
a) Original Proceedings
The standard of review for the trial court’s imputation of income to the parties for purposes of child support is whether competent substantial evidence supports it.51
b) Modification Proceedings
The standard of review for proceedings that determine child support modifications is abuse of discretion.52
The Florida Bar Journal-Explanation of Various Standards of Review
All family law trials occur without juries in Florida – not just divorce trials. While other states may allow juries to decide divorce trials, Florida is not one of them. While it’s true that Florida may allow juries to decide trials involving paternity, chances are you’ll never see a jury inside a courtroom during a family law proceeding.
Why Aren’t Juries Allowed?
The general feeling among judges in Florida is that family law matters should be kept as quiet and as professional as possible
What is the Role of a Trial Judge in a Family Law Proceeding?
The following link provides you with a detailed guide to a judge's role in family law proceedings in Florida: Role of Judge in Family Law
