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If you are divorcing and have young children, either parents or the court determines custody. However, children who are a bit older may have a voice in determining this issue. Unlike many other states, there is no set age at which a child may choose which parent he/she wants to live with.
Options for Splitting a Home in a Florida Divorce After the value has been assessed, you have a few options: Giving the Property to the Primary Caregiver ? If you have children, the parent with the children a majority of the time should get the house ? if it is financially feasible.
Even if the parents agree during a divorce, Florida requires both parents to take a Florida Parent Education and Family Stabilization Course if there are children under the age of 18. Both parents must be able to provide proof of completion of the course before a court will not finalize the divorce.
If there is no violence, one spouse can file a motion for exclusive use and possession with the Court, and set it for hearing. Florida divorce Courts will give one spouse exclusive use and possession of the marital home if doing so will serve a specific purpose.
The length of time it takes to get a divorce in Florida depends on the type of divorce. A simplified divorce may take 30 days. An uncontested divorce may range from 4 to 6 weeks. A contested divorce may take up to six months, a year, maybe several years depending on the disputes within the marriage.