FAQ About the Divorce Process in Florida
www.deboradiazlaw.com
Divorce is best referred to as the “dissolution of marriage” in Florida. As a no-fault state, Florida aims to make divorce as simple and painless as possible. However, divorce can still get ugly and messy. Here are some of the most frequently asked questions about the divorce process in Florida.
Are there different types of divorce/dissolution of marriage?
Simplified dissolution of marriage – both parties have no children from the marriage, and no one is pregnant. Both spouses must agree on all aspects of the divorce. In a simplified divorce, both parties MUST attend the final hearing.
Contested divorce – the parties do not agree on all aspects of the divorce. One party may not agree to the divorce. Alimony may be an issue. Child custody can be contentious. The division of assets and liabilities can cause a lot of discord.
Uncontested divorce – is similar to the simplified dissolution of marriage. Both parties must agree on all aspects of the divorce. However, if the spouses share children and marital property, negotiation may still have to take place to reach a final divorce agreement. If all terms are agreed to only one party will usually have to attend the final hearing.
What are the requirements for divorce in Florida?
In Florida, the only requirement for the dissolution of marriage is that the marriage is “irretrievably broken” or nothing can be done to fix the relationship.
What is equitable distribution?
Equitable distribution refers to the division of your and your spouse’s assets and liabilities. Florida is a 50/50 state where marital property is equally divided between you and your spouse unless there is a reason that the division should not be equal. Under equitable distribution, you will not be joint owners of the asset. Each party should end up with a post-divorce estate of similar value.
What assets and liabilities can be divided?
The court will look at the marital timeline to determine marital assets. Only marital property, any asset or liability acquired or incurred during the marriage, will be divided in divorce. This can include bank accounts, real property, personal property, retirement accounts, pensions, brokerage accounts, and businesses. It also includes property with a title under your name; as long as it was acquired during the marriage, it is considered marital property – unless it was classified as non-marital property before filing a divorce.
What documents do I need to prepare for my divorce?
Financial records are the primary documents you will need to prepare for your divorce. You will also need records of your assets, liabilities, and income statements. This includes bank statements, credit card statements, and investment account statements. Other financial records that will be helpful are a credit report, loan applications, expenses, and other records of different sources of income. The more detailed your draft of your and your spouse’s assets, liabilities, and incomes, the easier the division of marital assets will be.
Will I ever have to appear in court?
In an uncontested divorce, usually, only the Petitioner is required to appear in court as long as all your documents have been signed and notarized by both you and your spouse. The other party can waive appearance at the final hearing. In a contested divorce, both parties will be required to attend the final hearing.
What issues can arise during the divorce process?
The primary issues in divorce include property division, spousal maintenance, parental time-sharing, and child support. Therefore, divorce can become a complex process if you have property or children. It is important to consider legal representation to guide you through this process.
If you have any more questions about divorce in Florida, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.
All consultations are by telephone or video conferencing to protect our staff and clients.
Attorney Diaz practices exclusively in divorce and family law in Florida. She is also a Florida Supreme Court Certified Family Mediator.