Florida is an "equitable distribution" state, which means marital assets and liabilities are divided fairly but not necessarily equally. Factors such as each spouse's financial situation, the length of the marriage, and each spouse's contribution to the household are considered in this division.
Child timesharing is another critical aspect of divorce proceedings. The court's primary concern is always the best interests of the child. Factors such as parental mental and physical health, moral fitness, willingness to facilitate a relationship between the child and the other parent, parenting ability, and more are all considered when determining custody arrangements.
Child support is mandated by law in which one parent provides financial support to the other based on state guidelines. These guidelines are used to calculate these payments per a formula. This type of support is the right of a child who will benefit from both parental incomes in sharing the cost of raising the child.
Alimony may or may not be awarded in a divorce based on the case’s unique circumstances.
Grounds for Divorce in Florida
Florida is a “no-fault” divorce state. No-fault means that neither spouse has to prove in court that marital misconduct on the part of the other spouse caused the marriage to fail. No-fault divorce can proceed faster if the parties agree on all the issues relevant to their case.
No fault is based on an “ irretrievably broken” marriage, meaning the relationship is beyond repair with no hope for reconciliation. It is the most common form of divorce in the state. However, where couples cannot agree on all the issues or terms of their divorce, it may lead to mediation or litigation in court to achieve a resolution.
The other ground for divorce in Florida is when one of the spouses has been mentally incapacitated for a period exceeding three years. This rule is less commonly used due to the stringent criteria involved, such as the need for a medical diagnosis of mental incapacity.
Types of Florida Divorce
In Florida, divorce cases can be typically categorized into three types: uncontested, contested, and simplified.
An uncontested divorce is when both spouses agree on all issues, including property and assets, debts, child-related matters, and alimony. The process is generally quicker and less stressful compared to a contested divorce. However, both parties must be fully informed and agreeable to all terms and conditions of the divorce.
Contested divorce is the most complex type of divorce and is common when spouses can't agree on one or more issues. Disputes may arise over any one or more of the financial or child-related issues and require extended legal counsel, negotiations, mediation, and potentially a trial in court.
Simplified divorce, a simplified dissolution of marriage, is a streamlined process available to couples meeting specific criteria. These criteria include agreement on the division of property and debts, the absence of minor children, and the understanding that neither party will receive alimony.
The simplified divorce process is quicker and less expensive than the traditional divorce process but requires complete agreement and cooperation from both parties.
The Divorce Process
The divorce process in Florida begins with filing a Petition for Dissolution of Marriage. This petition is filed by one spouse (the petitioner) in the Circuit Court in the county where either spouse resides. The petition outlines the grounds for divorce and the desired terms for all pertinent issues. Following this, the other spouse (the respondent) is served with the petition and has 20 days to file a response.
The State of Florida requires that at least one spouse has been a resident for six months immediately before filing the petition. This residency requirement is in place to ensure that Florida courts have jurisdiction over the divorce.
After the initial filing and response, the court schedules a Case Management Conference to discuss the issues and the course of action. This phase may involve discovery – exchanging financial and other relevant information between spouses. The court may order mediation if there are disputes over child custody or visitation.
If all issues are resolved, the court will review and approve the settlement agreement and issue a Final Judgment of Dissolution of Marriage. If disagreements persist, the case will go to trial, where the court will decide.
Preparing for Divorce
Divorce is a series of steps. Preparing for divorce is no different. Critical document collection can be made complex, if not impossible, by a motivated spouse. You won’t know how your spouse will react when confronted with the reality of your intention to divorce until that moment arrives. Prepare.
Daunting concerns will come into focus. Where will you live? What quality of life should you expect or maintain between starting this process and its culmination? Many considerations can impact your preparation and even your ability to prepare.
Though they are valid, your fears need not overwhelm you. The first next step is a conversation. Beebe Law provides the resources and counsel to help you start the process confidently. We explain every next step.
We aim to help you move through your divorce as smoothly as possible with the least worry, pain, and stress. We are here to help you transition into the next stage of your life with optimized security and confidence.
Do I Need a Lawyer for My Divorce in Florida
Navigating a divorce in Florida can be complex, and while it is not a legal requirement to hire a lawyer, having experienced legal representation is highly advisable for several reasons. A skilled West Palm Beach divorce attorney can provide invaluable assistance in ensuring your rights are protected and that the process unfolds as smoothly as possible.
1. Legal Expertise: Family law in Florida is intricate and subject to constant changes. Our experienced divorce lawyer possesses in-depth knowledge of Florida's divorce laws, ensuring that you understand your rights and obligations.
2. Objective Guidance: Emotions often run high during divorce proceedings, making it challenging to make clear-headed decisions. Our compassionate lawyer provides objective guidance, helping you make informed choices that align with your best interests.
3. Paperwork and Procedures: The legal paperwork and procedures involved in a divorce tend to be overwhelming. Our experienced lawyer is well-versed in the required documentation, ensuring that all paperwork is accurately prepared and submitted promptly.
4. Negotiation and Mediation: Many divorces involve negotiations and, in some cases, mediation. Having a lawyer by your side ensures effective representation and advocacy during these processes, increasing the likelihood of a favorable outcome.
5. Avoiding Costly Mistakes: DIY divorces may lead to costly mistakes, especially regarding property division, alimony, and child custody. Our experienced Florida lawyer helps you avoid these pitfalls, ensuring that your rights and assets are protected.
A divorce can be handled by yourself technically, but the complexities of Florida family law make it risky. Consulting with our knowledgeable West Palm Beachdivorce attorney is a proactive step to safeguard your interests and facilitate a smoother transition through the divorce process.
Contact us online or at (561) 677-9147 today.
