How Different Is the Divorce Process In Florida?
Newlyweds often think that their love will last a lifetime. Unfortunately, as statistics show, that isn’t always true. Many unions end in divorce, which is naturally difficult on an emotional level, but it can also cause financial and legal problems.
In Florida, legal separation is called a “dissolution of marriage.” More commonly known as divorce, marriage dissolution is a legal proceeding in which a married couple legally ends their union. In the Sunshine State, there are four different types of divorce processes. But before we focus on them, here are the Florida divorce law basics.
Grounds for Divorce
Florida is a no-fault divorce state. This means that either spouse can file for divorce if the marriage is irretrievably broken. In other words, the spouse has to show that their relationship is over, and it cannot be repaired. The other prerequisite for a no-fault divorce is if one of the spouses has been mentally incapacitated for at least three years.
Residency Requirement
In order to file a dissolution of marriage, at least one spouse must reside in the state for six months prior to filing the petition. The court can enter a final judgment for divorce as soon as 20 days after the petition is filed, but usually, this is unrealistic. The parties need time to exchange financial information in a contested divorce.
Marital Assets and Dividing of Marital Property
All assets and debts amassed during the marriage will be divided equitably upon divorce. But, assets that any of the spouses had before marriage can be considered “non-marital” if they were kept separated from property obtained during the marriage.
At trial after the presentation of evidence, the judge will split assets equally, unless there is a basis for an unequal distribution. In that case, the judge will consider both parties’ economic circumstances and their contributions to the marriage.
Alimony and Custody
According to Florida divorce laws, the judge can order alimony if it is well-founded. Factors that the judge will look at are the standard of living throughout the marriage, the duration of the marriage, as well as the age and physical condition of each party.
As far as custody goes, if the parties cannot reach an agreement on child custody, the judge will make a decision based on what is in the child’s best interest. The state of Florida determines child support obligations via the Income Shares Model. This model estimates the incomes of both parents, minus allowable deductions, tax filing status, and time-sharing.
Types of Divorce Processes in Florida
The four types of divorce include:
- Simplified dissolution of marriage
- Dissolution of marriage without children or property
- Dissolution of marriage with property but no children
- Dissolution of marriage with children
Uncontested Divorce
In Florida, any of these divorce types can become uncontested. An uncontested divorce means the spouses agree on all their issues relating to separation. This type of divorce process is typically less expensive since the couple is in agreement.
Contested Divorce
If the spouses cannot agree on any of their issues related to the divorce, they can file for divorce and follow the contested divorce process. The contested approach to divorce requires that couples attend mediation before a judge hears their case. If they cannot move to the uncontested process after mediation, the couple can file their case for trial.
No matter where you live, going through a separation or divorce can be tough. There are many things to consider, and having a competent and professional attorney by your side can make all the difference in divorce proceedings.
If you would like to discuss the specifics of your divorce case or need help with understanding the stimulus check, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://
Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.
At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients. Attorney Diaz practices exclusively in divorce and family law issues in Florida.
Written by Debora A. Diaz, Esq.