How is Divorce Initiated in Florida?
Divorce cases are common in Florida. Divorce or marital breakup refers to the termination of a marriage relationship which consequently leads to the split of assets and liabilities. The question of alimony can also occur if one partner cannot support themselves. If there are children, child custody and welfare would be discussed and determined.
One of the partners must be a Florida native for six months or more to apply for a Florida divorce. You can file with the Circuit Court of the county where your partner lives, if your spouse is a Florida native. If your partner is not living in Florida, register where you are staying.
Florida proposes a Streamlined Dissolution Process, which can be done in even three weeks. A straightforward protocol can be accessed if:
- No dependent children are present or children under the age of 18
- A wife doesn’t get pregnant
- Your partner and you consent to the sharing of assets and liabilities
- You will both sign the legal documents and intend to attend the actual court meeting with your partner.
You start by filling in the Circuit Court for a Petition for Simplified Dissolution of Marriage. You, and your partner, would need to undergo a legal trial under the more straightforward method or an uncontested divorce procedure if you have children. To make sure that you recognize and comply with everything, the judge has questions and join either a Final Judgment Dissolving Marriage Under Simplified Procedure or a Final Judgment Dissolving Marriage.
What are the Grounds for Divorce?
The grounds for securing a separation and severing the marriage partnership are constitutionally recognized reasons. Florida has statements generally considered dissolution grounds for no-fault. In the appeal, you must state: “The union between the parties cannot be fixed,” or the respondent is crazy.” These are Florida’s only excuses for a breakup.
Division of Assets in Florida
Every party can keep their non-marital property in the division of property and debts, which is:
- Properties gained and liabilities accrued before marriage and in return for certain liabilities and assets;
- Land obtained or in return for those properties by inheritance or generally obtained as a non-spousal gift;
- Non-marital revenue only if it does not benefit both parties
- Assets or obligations specifically designated by a legal written arrangement as non-marital, or obtained in return for certain assets and liabilities; and
- Responsibilities caused by the signing of the name of the other partner by one spouse.
Should the judge have to partition the land, they may start with a fair distribution presumption but can consider:
- Every spouse’s commitment to marriage, inclusive of contributions made to children’s treatment and education and other activities as a homemaker,
- The parties’ economic conditions,
- The marriage period,
- Some disturbance to either party’s educational and career possibilities,
- One spouse’s commitment to the other’s employment or educational chances,
- The need for keeping some asset intact and exempt from any argument or intervention by the other, including business interest, organization, or professional practice,
- The commitment of either party to the purchase, development of profits, or enhancement of both marital and non-marital properties, or the incurrence of liabilities,
- If it is fair and financially viable, the need for maintaining the marital home as a residence for some minor child or other entity,
- The deliberate dissipation, pollution, loss, or degradation of marital properties after the petition has been lodged or within two years before the petition has been lodged, and
- All other variables are required for equality and fairness of both parties to be achieved.
Awarding of Alimony During Divorce
In the absence of an arrangement between both parties, the court shall first decide to appeal for alimony (1) if the person receiving alimony wants to obtain it and (2) if the party being asked to pay can pay alimony.
Alimony usually is not awarded in law until the partners have been together for ten years or more. Should it be decided that the sum and length of the alimony are sufficient, the judge should then assess the amount to be paid and for how long by taking into consideration the following factors:
- The quality of living that was produced during the marriage,
- The marriage period,
- The age of each group and their current states, mental or physical
- Every group’s financial capital,
- The earning potential, degree of education, technical qualifications, and employability of each party and where appropriate, the period taken for each party to obtain adequate education or preparation to allow that party to pursue suitable employment,
- Every party’s contribution to the marriage inclusive of services provided by the other party being a stay-at-home mom or dad, child care, schooling, and building of a career
- Every party’s liability to any children below the age of 18,
- How tax will be treated of any alimony award granted to all sides,
- All forms of revenue that are open to any group
Contact Us Today
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