Family Law in Brevard County
Brevard County, known as Florida's Space Coast, is a diverse and growing community stretching along the Atlantic coast from Titusville to Palm Bay. With a population of over 600,000 residents and a mix of military families, retirees, and young professionals, family structures here are as varied as the community itself. Navigating family law matters in Florida can be complex, with strict statutory requirements governing divorce, child custody, and support obligations. A knowledgeable Family Law attorney in Brevard County can help protect your rights and guide you through the local court system.
Courts Handling Family Law Cases in Brevard County
Family Law cases in Brevard County are handled by the Eighteenth Judicial Circuit Court of Florida, which serves both Brevard and Seminole counties. The Brevard County Courthouse in Titusville is the primary venue for family law proceedings, though hearings may also be held at the Moore Justice Center in Viera, which serves as the main courthouse complex for the county. The Family Law Division of the circuit court oversees cases involving dissolution of marriage, child custody, adoption, and domestic violence injunctions.
Common Family Law Situations in Brevard County
Among the most common family law matters in Brevard County are divorces involving military families stationed at Patrick Space Force Base, as well as disputes over parental responsibility and time-sharing arrangements. Child support modifications are frequently sought as circumstances change, and relocation disputes are common given the transient nature of Space Coast employment and military assignments. Domestic violence injunctions, paternity actions, and step-parent adoptions also represent a significant portion of family law matters handled by local attorneys.
Penalties and Outcomes in Florida
Under Florida law, failure to comply with a court-ordered parenting plan or child support obligation can result in findings of contempt of court, potential incarceration, fines, and suspension of a driver's license or professional licenses. In divorce proceedings, Florida follows equitable distribution principles, meaning marital assets and liabilities are divided fairly but not always equally, and a party found to have engaged in dissipation of marital assets may receive a less favorable share. Alimony awards in Florida can take several forms including bridge-the-gap, rehabilitative, durational, or permanent alimony, and the 2023 alimony reform law eliminated permanent alimony for new cases and introduced durational limits based on the length of the marriage.
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Why Go To Court for Family Law in Brevard County
Go To Court Lawyers connects Brevard County residents with experienced Family Law attorneys who understand the specific procedures and expectations of the Eighteenth Judicial Circuit. With free 24/7 access to legal information and a coming-soon lawyer booking service, Go To Court makes it easier than ever to find the right legal help for your family law matter.
Frequently Asked Questions
How is child custody determined in Brevard County, Florida?
In Florida, child custody is referred to as parental responsibility and time-sharing, and courts in Brevard County determine arrangements based on the best interests of the child under Florida Statute Section 61.13. Judges consider factors such as each parent's ability to foster a close relationship with the other parent, the child's school and community ties, the mental and physical health of each parent, and any history of domestic violence. Florida law presumes that shared parental responsibility is in the child's best interest, though sole parental responsibility may be awarded if shared responsibility would be detrimental to the child.
What are the residency requirements to file for divorce in Florida?
To file for divorce in Florida, at least one spouse must have been a resident of the state for a minimum of six months immediately before filing the petition for dissolution of marriage. Residency can be established through a Florida driver's license, voter registration, or the testimony of a witness who can confirm the residency period. Once the residency requirement is met, the petition can be filed in the circuit court of the county where either spouse resides, which for many Space Coast residents means the Eighteenth Judicial Circuit in Brevard County.
How is child support calculated in Florida?
Florida uses an income shares model to calculate child support, which is codified in Florida Statute Section 61.30 and takes into account the gross incomes of both parents, the number of overnights each parent has with the child, and expenses such as health insurance premiums and childcare costs. The formula produces a guideline amount that courts are required to follow unless there are written findings justifying a deviation of more than five percent. Courts may deviate from the guidelines when the child has extraordinary medical or educational needs, when a parent has significant other dependents, or in other circumstances where strict application would be unjust or inappropriate.
Can a parent relocate with a child after a custody order is in place in Brevard County?
Under Florida Statute Section 61.13001, a parent seeking to relocate more than 50 miles from their current principal residence for more than 60 consecutive days must either obtain written agreement from the other parent or seek court approval through a petition for relocation. The relocating parent must provide detailed information about the proposed new address, the reasons for relocating, and a proposed revised parenting plan. The court will evaluate the relocation request based on the best interests of the child, considering factors such as the reason for the move, the impact on the child's relationship with the non-relocating parent, and the quality of life the relocation would offer.
What is the difference between a simplified dissolution and a regular dissolution of marriage in Florida?
A simplified dissolution of marriage in Florida is available to couples who meet specific requirements, including having no minor or dependent children, agreeing that the wife is not pregnant, having reached a full agreement on the division of all assets and debts, and both parties agreeing to waive their right to alimony and to a trial. This process is faster and less expensive than a regular dissolution, as both parties appear together before a judge and the case can often be resolved in a matter of weeks. A regular dissolution of marriage is required when the couple has minor children, disputed assets, alimony claims, or any other contested issues that need to be resolved by the court.