Divorce, also known as dissolution of marriage, is the legal process of ending a marriage. There are some key points to consider…
- Divorce can be contested or uncontested with children, with property, or without. There is no one-type fits all for a divorce. Each is unique to your situation.
- Residency Requirements: To file for divorce in Florida, either you or your spouse must be a resident of the state for at least six months prior to filing.
- No-Fault Divorce: Florida is a no-fault divorce state, which means you don't need to prove that either spouse did something wrong to cause the divorce. You can simply state that the marriage is "irretrievably broken."
- Petition for Dissolution of Marriage: The divorce process starts by filing a Petition for Dissolution of Marriage with the circuit court in the county where either you or your spouse resides. The petitioner (person filing for divorce) must serve the other spouse with the petition.
- Property Division: Florida follows the principle of equitable distribution, meaning that marital assets and debts are divided fairly but not necessarily equally between the spouses. The court considers various factors to determine a fair distribution.
- Child Custody and Support: If you have minor children, the court will make decisions regarding child custody, visitation, and child support. The focus is on the best interests of the child, and both parents are typically encouraged to maintain a meaningful relationship with their children.
- Alimony: In certain cases, one spouse may be entitled to receive alimony (also known as spousal support) from the other spouse. The court considers factors such as the duration of the marriage, the parties' ability to pay and the need of the requesting party.
- Mediation: Typically mediation is mandatory for parties to attend before having a trial before the Judge. Mediation involves a neutral third party who helps parties reach a mutually acceptable agreement on issues such as property division, child custody, and support.
It's important to note that even for an uncontested divorce laws can be complex, and specific details will vary depending on your individual circumstances. If you're considering a divorce, it's advisable to consult with a qualified and experienced divorce lawyer in Florida who will provide personalized advice based on your situation.
CALL (904) 422-4634 OR CLICK HERE TO SET UP YOUR 30 MINUTE PHONE CONSULTATION