What is the PEACE Divorce Process in Florida?

 Posted on December 10, 2024 in Divorce

Florida law governs divorce and all its issues, including alternative divorce resolutions like mediation and collaborative divorce. Divorces may be uncontested or contested. An uncontested divorce occurs when both spouses agree on every issue, including the allocation of parental responsibilities, asset division, and spousal support. While a fair number of divorces begin as uncontested, relatively few end up this way. A divorce that begins as uncontested can quickly become contested and even hotly contested.

The majority of divorces have at least one or more areas of disagreement, and while more than 90 percent of all divorces are eventually settled out of court, this does not mean they are settled without some friction. Some Florida family law attorneys utilize the PEACE process, which lists the order in which each part of a divorce is resolved and how to resolve them more…well, peacefully.

If you are considering a Florida divorce, there is a good chance that you and your spouse do not agree on one or more issues. That may mean you have withdrawn from one another and are living like strangers or that there are constant arguments and raised voices. Speaking to a Miami, FL divorce lawyer from Miami Family Law Group, PLLC can help you determine whether the PEACE process is viable for you and your spouse.

How Does PEACE Work?

When couples choose the PEACE process, the issues are resolved in this order:

P: Parenting issues are often the most difficult to resolve. The allocation of parental responsibilities, parenting time, choice of primary residential parent, and other issues must be determined. A parenting plan must be compiled, and decisions about education, religion, healthcare, and extracurricular activities must be reached between parents. If one parent is planning to move, this must also be addressed. 

E: Equitable distribution is how Florida law addresses the division of marital assets. While a handful of states still operate under community property law where all marital assets are divided equally, equitable distribution prioritizes dividing marital assets fairly, even if that results in an unequal distribution. Assets must first be examined to determine which are separate assets and which are marital assets, and then the judge will take several factors into account when determining how the marital assets will be split.  

A: Alimony, more commonly known as spousal support or maintenance, can be a sore point between some spouses. Virtually no spouse wants to pay spousal support, even if the other one needs or deserves it. As with child support, the judge in the case will look at various factors to determine the receiving spouse’s need and the paying spouse’s ability to pay. Generally, the guidelines estimate the amount of alimony by taking 30 percent of the payer’s gross annual income minus 20 percent of the payee’s gross annual income.

C: Child support comes next, as Florida courts believe that each parent has an obligation to support his or her children. Child support amounts will be determined based on each parent's income and the allocation of parental responsibilities. Medical insurance, the cost of childcare, and other known expenses will also be factored in.

E: Everything else that has not been resolved up to this point falls under this category. This can include something like who gets the family pet or how a retirement fund will be split. If there was domestic violence in the marriage, then the safety of all parties will be addressed at this point in the divorce.

Couples who follow the PEACE process may take a more structured, logical approach to their divorce than they otherwise might.

Contact a Miami, FL Divorce Lawyer

When you choose Miami Family Law Group, PLLC, you will have an attorney who is focused on helping you and your family solve your problems peacefully while ensuring your children’s best interests are met. When you have an experienced Miami, FL divorce lawyer who can connect you with other experts when necessary and who will always protect your interests, you have a clear advantage. Call 305-520-7874 today to schedule your free consultation.