**Marital Home: Who Gets the House in a Florida Divorce?**

After two divorces of my own and 15 years helping others navigate theirs, I can tell you this: nothing creates more anxiety than the question, *“Who is going to get the house?”*

The marital home isn’t just a piece of real estate. It’s where your babies took their first steps. It’s where birthdays were celebrated and where arguments echoed too loudly. It represents security, stability, and for many—especially mothers—it feels like the last thing holding life together.

If you’re divorcing in Florida, here’s what you need to understand about who gets the house.

—

## Florida Is an Equitable Distribution State

Florida follows the rule of **equitable distribution**, which means marital assets are divided fairly—but not necessarily 50/50.

The court first decides:
1. Is the home **marital property**?
2. If so, what would be a fair division?

### What Is Marital Property?

Generally, the home is considered marital property if:
– It was purchased during the marriage, regardless of whose name is on the deed.
– Marital funds were used to pay the mortgage or improve the property.

Even if one spouse bought the house before the marriage, the other spouse may have a claim to a portion of the home’s **increased value** if marital money or effort contributed to it.

This surprises a lot of people. I’ve sat across kitchen tables with spouses who say, “But it’s in my name!” In Florida, that doesn’t automatically mean it’s yours alone.

—

## Three Common Outcomes for the Marital Home

There isn’t one answer that fits every family. In my experience, most divorcing couples land in one of these scenarios:

### 1. The House Is Sold and the Proceeds Are Split

This is the cleanest financial solution.

The house is sold.
The mortgage is paid off.
Any remaining equity is divided.

For couples without minor children—or when neither spouse can afford the home alone—this is often the most practical option.

I’ll be honest, though: emotionally, this can be tough. Selling the family home can feel like closing a chapter you weren’t ready to end. But financially, a fresh start is sometimes the healthiest move.

—

### 2. One Spouse Buys Out the Other

If one spouse wants to keep the home, they can “buy out” the other’s share of the equity.

For example:
– Home value: $400,000
– Mortgage balance: $200,000
– Equity: $200,000

Each spouse may be entitled to roughly $100,000. The spouse keeping the house would refinance the mortgage and pay the other their share.

This option works well when:
– One spouse has stable income.
– Refinancing is financially possible.
– Both parties agree on the home’s value.

But here’s the reality I’ve learned: loving the house isn’t enough. You have to afford it on one income. Property taxes, insurance (especially in Florida!), maintenance, and unexpected repairs don’t get cheaper after divorce.

—

### 3. Temporary Exclusive Use and Possession (When Minor Children Are Involved)

When there are …

# Understanding Florida Timesharing Schedules: A Practical Guide for Parents

If you’re going through a divorce in Florida—or trying to modify an existing parenting plan—one of the most emotionally charged and confusing topics is **timesharing**. I’ve walked through divorce twice myself and raised four girls as a single mom. For the last 15 years, I’ve helped families navigate separation with clarity and compassion. And if there’s one thing I’ve learned, it’s this:

Timesharing isn’t about splitting time.

It’s about creating stability for your children in the middle of change.

Florida does not use the term “custody” the way many states do. Instead, we focus on **parental responsibility** and **timesharing schedules**—a distinction that matters more than you might think.

Let’s break it down in a way that makes sense.

—

## What Is Timesharing in Florida?

In Florida, timesharing refers to **how parents divide time with their children** after separation or divorce. These arrangements are included in a legally required document called a **Parenting Plan**.

Every Parenting Plan must include:

– A detailed timesharing schedule
– How parents will communicate
– Who is responsible for school and healthcare decisions
– How exchanges will occur
– Holiday schedules
– Travel rules
– Methods for resolving future disputes

Florida courts prioritize **the best interests of the child** when approving timesharing arrangements.

The goal?
Frequent and continuing contact with both parents—unless it would be harmful to the child.

—

## Equal Timesharing: Is 50/50 Required?

As of recent updates in Florida law, there is a presumption that equal timesharing (50/50) is in the best interest of the child. However, that doesn’t mean it is automatic.

Courts may deviate from equal timesharing if:

– One parent lives far away
– A parent works unusual hours
– There are safety concerns
– A child has special needs
– There is a history of domestic violence or substance abuse

Judges consider many factors, including:

– Each parent’s ability to provide a stable routine
– The moral fitness of each parent
– Mental and physical health
– The child’s school and community ties
– Each parent’s willingness to encourage a relationship with the other parent

Timesharing is not about who “wins.” It’s about what arrangement allows a child to thrive.

—

## Common Florida Timesharing Schedules

Let’s look at the most common schedule formats.

### 1. The 2-2-3 Schedule

This is popular with younger children.

Example:
– Monday–Tuesday: Parent A
– Wednesday–Thursday: Parent B
– Friday–Sunday: Parent A
– The next week flips

Benefits:
– Frequent contact with both parents
– No long stretches away from either parent

Challenges:
– Frequent exchanges
– Can feel busy for older kids

—

### 2. Week-On / Week-Off (7-7 Schedule)

Each parent has the child for one full week at a time.

Benefits:
– Fewer exchanges
– Predictable routine
– Easier for school-aged children

Challenges:
– A full week may feel long for younger children
– Harder if parents live far apart

—

### 3. 3-4-4-3 Schedule

Example:
– Monday–Wednesday: Parent …

As someone with extensive experience in helping people navigate divorce, here are some key pieces of advice that I would like to offer:

1. **Prioritize Self-Care:** Going through a divorce can be emotionally and mentally draining. It’s important to prioritize self-care during this time. Make sure to take care of your physical, emotional, and mental well-being. Consider seeking support from a therapist or counselor to help you process your emotions.

2. **Focus on Communication:** Effective communication is key, especially if there are children involved. Try to keep communication with your ex-spouse clear, respectful, and focused on the important issues at hand. If necessary, consider utilizing a mediator or therapist to facilitate communication.

3. **Stay Organized:** Keep all important documents related to the divorce organized and easily accessible. This includes financial documents, legal paperwork, and any communication with your ex-spouse or their attorney. Staying organized will help the divorce process run more smoothly.

4. **Think About the Future:** While it’s important to focus on the present during a divorce, it’s also crucial to think about your future. Consider your long-term goals and how the divorce settlement will impact your financial and personal well-being.

5. **Seek Professional Help:** It’s highly recommended to consult with a divorce attorney who has experience handling cases similar to yours. A skilled attorney can provide valuable guidance, protect your rights, and ensure that your interests are represented during the divorce process.

Remember, going through a divorce is a challenging time, but with the right support and guidance, you can navigate the process successfully. Take things one step at a time and prioritize your well-being throughout the journey.

In Florida, if you are unable to locate your spouse to serve them with divorce papers, you may be able to proceed with a divorce by publication. This process allows you to publish a notice of the divorce in a local newspaper instead of serving your spouse directly.

To initiate a divorce by publication in Florida, you must first conduct a diligent search to try to locate your spouse. This may involve checking with family and friends, searching social media, contacting last known employers or residences, and more. Once you have exhausted all efforts to locate your spouse, you can request permission from the court to proceed with a divorce by publication.

You will need to file a Petition for Dissolution of Marriage with the court, along with an affidavit detailing your search efforts to locate your spouse. If the court approves your request, you will be allowed to publish a notice of the divorce in a newspaper approved by the court for a set period of time.

After the notice has been published according to the court’s requirements, you will need to file proof of publication with the court. If your spouse does not respond within the specified time frame, you may be able to proceed with the divorce as a default judgment.

It’s important to note that the process for divorce by publication in Florida can be complex, and it’s recommended to seek the guidance of a knowledgeable family law attorney to help you navigate the legal requirements and ensure that your rights are protected throughout the process.

What Is a “Simple Divorce” in Florida and Can You Do It Online?

As someone with over 15 years of experience in helping people navigate the complexities of divorce, I often encounter questions about what constitutes a “simple divorce” in the state of Florida and whether it can be done online. Having gone through two divorces myself and raised four daughters as a single mom, I understand the challenges and emotional toll that divorce can bring. In this blog post, I aim to provide insights into the concept of a simple divorce in Florida and shed light on the possibility of completing the process online.

In the realm of Florida divorce law, a simple divorce refers to a situation where both parties can reach an agreement on key aspects of the divorce without the need for a lengthy court battle. These key aspects typically include division of assets, child custody arrangements, and alimony, among others. When both spouses are able to cooperate and come to a mutual understanding on these matters, the divorce proceedings are often smoother and less contentious.

One common question that arises is whether it is possible to handle a simple divorce online in Florida. The answer is yes, it is possible to file for a simple divorce online, provided certain conditions are met. Online divorce services, such as Baldwin & Baldwin, offer a convenient and cost-effective solution for couples seeking an amicable dissolution of their marriage.

By utilizing online divorce services, couples can save time and money by streamlining the paperwork and administrative tasks involved in the divorce process. These services often provide step-by-step guidance on filling out the necessary forms, filing with the court, and ensuring that all legal requirements are met.

While online divorce services can be a viable option for couples looking to simplify the divorce process, it is important to note that they may not be suitable for everyone. Complex legal issues, high-conflict divorces, or cases involving significant assets are best handled with the guidance of an experienced divorce attorney.

In conclusion, a simple divorce in Florida refers to a situation where both parties can come to an agreement on key issues without the need for extensive litigation. Online divorce services offer a convenient and affordable way for couples to navigate the divorce process, particularly in cases where cooperation and mutual understanding are present. However, it is crucial to assess your individual circumstances and seek professional advice to determine the most appropriate approach for your specific situation.

If you have any further questions about simple divorces in Florida or the online divorce process, please feel free to reach out to me. I am here to offer guidance and support based on my years of experience and personal insights into the challenging journey of divorce.