What You Need to Know About Divorce in Florida

You and your spouse don’t need to settle for an unhappy marriage. If your marriage is failing, you should consider divorce in Florida. But before you do, there are a few things you should know.

How to File

The divorce process in Florida is relatively simple. Because Florida is a no-fault state, you do not need to prove that one party is responsible for the failure of the marriage. You just need to meet the basic requirement for divorce.

To do that, you need to say that your marriage is irretrievably broken. Or, you must show that your spouse was mentally incapacitated for three years or more. You or your spouse also need to have lived in Florida for at least six months. However, there may be exceptions for military members who are stationed away from Florida.

The first step in the process is to file a Petition for the Dissolution of Marriage. The other spouse must receive a copy of the petition. Then, the recipient can respond and the process can move forward. In most cases, you must submit a financial affidavit within 45 days of filing the paperwork.

If you are eligible for the simplest type of divorce, you may not need to submit the financial affidavit. This is known as a simplified dissolution of marriage.

Who is Eligible for a Simplified Dissolution of Marriage

To be eligible for this type of divorce, both parties must agree to the process. There must be no minor or dependent children in the family, and neither spouse can be pregnant.

One of the biggest challenges of couples seeking this type of divorce is the asset division. For a simplified dissolution of marriage, you need to agree on the division of property and debts. There can be no alimony requests. If you don’t meet all of the above requirements, you are not eligible for this type of divorce and must go through a longer process.

How Asset Division Works

One of the biggest challenges with divorce is the asset division. If you and your partner can’t agree on how to split up the assets, the court will do it for you. They do not divide assets that are only owned by one spouse. Rather, they only divide assets that are jointly owned

When deciding who gets what, the court relies on equitable distribution of property. They consider many different factors and try to split the assets in a fair way, according to the factors. For instance, they look at the length of the marriage, the sacrifices made by each party, and the contributions each spouse made to the marriage.

How Child Custody Works

Another common area of disagreement is child custody. If you have children under the age of 18, you and your spouse might argue over visitation and other details. Once again, the court can have a final say in the matter.

Florida courts tend to favor shared parental responsibility. Although the custody decision isn’t always 50/50, the court usually tries to give both parents equal rights. There are exceptions, and a divorce lawyer can tell you more about the process.

If you’re planning on obtaining a divorce or your spouse has served you papers, you deserve legal representation. Richard Weissfeld - divorce attorney can tell you more about your rights. Then, he can represent you and fight for the issues that matter to you.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.