What Is Dissolution of Marriage?
Florida does not use the word "divorce." The formal legal term is dissolution of marriage, and it is governed by Chapter 61, Florida Statutes. A dissolution proceeding terminates the marriage and resolves all issues: property division, alimony, child custody (called "parental responsibility" and "time-sharing" in Florida), and child support.
Real Estate in Dissolution
For most Florida couples, the marital home is the single largest asset. The court must determine:
- Is the Home Marital or Non-Marital? — Property acquired during the marriage is presumed marital. Property owned before the marriage, or received as a gift or inheritance, is non-marital. However, non-marital property can become "commingled" and partially marital if marital funds were used for mortgage payments, renovations, or improvements.
- What Is It Worth? — Both sides obtain appraisals. If they disagree, the judge decides the fair market value.
- Who Gets It? — Under equitable distribution (Florida Statute 61.075), the judge divides marital assets "equitably," which does not necessarily mean 50/50.
- What About the Mortgage? — The spouse who keeps the home typically must refinance the mortgage into their name only, removing the other spouse from the loan obligation.
Homestead Complications
Florida's constitutional homestead protections create unique complications in dissolution. Both spouses have rights in the homestead, and one spouse cannot sell or mortgage the homestead without the other's consent, even if only one spouse's name is on the deed.
Related Terms
- Equitable Distribution — Florida's property division framework
- Homestead Exemption — Special protections for the marital home
- Deed — The title document transferred during property division
Barnes Walker Family Law
Barnes Walker's family law attorneys protect Florida clients' real estate interests in dissolution proceedings, aggressively valuing marital properties, tracing non-marital contributions, and ensuring our clients receive their full equitable share of all real estate holdings. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 61
Governs dissolution of marriage proceedings in Florida, including equitable distribution of marital assets, alimony, and parental responsibility.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC