Divorce is painful since it is one of life’s most stressful occurrences. People preparing for divorce are majorly concerned about a variety of issues, including reducing financial losses and maintaining ties with their children. Many individuals ignore the necessity of selecting the correct divorce attorney among all of their concerns. Choosing a knowledgeable and dedicated representation, on the other hand, is an important first step to ensuring that the divorce proceeds well.
Most individuals are unaware of how divorce works in Florida. In this guide, our expert Florida divorce attorneys at Serrano, Farah Law, LP, discuss the important considerations you must look upon when having a divorce in Florida.
Divorce Filing Requirements in Florida
To apply for divorce in Florida, you must show that you and your spouse are married, that at least one of you has lived in the state for at least six months, and that your marriage is irretrievably dissolved. (The State will also consider mental incapacity as a reason for divorce if your spouse has been mentally ill for three years.) You can either submit a simplified dissolution of marriage or a regular dissolution of marriage from there.
A “Simplified Dissolution Procedure” is a way for persons in Florida to be divorced if they don’t have any other issues for the court to rule on, such as children or property division.
One party, known as the “petitioner,” must file a petition for dissolution of marriage in a traditional dissolution of marriage. The petitioner asserts that the marriage is irreversibly shattered and lists the concerns that the court should handle, such as asset and debt split, parenting time, and alimony. The “respondent,” or the opposite party, must next submit an answer within 20 days, replying to the initial petition and, if desired, countersuing the court on marital dissolution concerns.
You can make a written agreement that is agreed upon by both parties and then given to the court if you and your spouse have previously agreed on divorce matters including property distribution, alimony, and a parenting plan. If the court approves the arrangement, it will be included in the final divorce decision. A final hearing is necessary if you and your spouse can’t agree on anything. Each spouse has the chance to present evidence and testimony to the court, who subsequently makes the final judgment on contested divorce matters.
No-Fault State
If you’re filing for divorce in Florida, you must know that the State has Florida, like many other states, removed fault as a reason for divorce, which means you don’t have to establish that your spouse did something to cause the divorce.
However, while evaluating the terms of your divorce, the court will frequently examine infidelity, brutal treatment, and other flaws.
Please remember as you go through the process of divorce that each divorce case is unique in terms of the parties, facts, and situations, so even if you know someone who got divorced in a similar situation to yours, there is no assurance that your divorce will have the same conclusion.
A divorce will result in legal determinations on several issues concerning your marriage, including:
- Alimony
- Property Division
- Schedules for Child Custody and Time-Sharing
- Awards for Child Support
If you’re worried about child support, your attorney can get a rough estimate of how much child support you could be entitled to—or obligated to pay—under Florida law.
Important Considerations and Issues
The following are the most common and important issues that need to be considered in a Florida divorce.
Child Support
When evaluating parental responsibility for child support payments, Florida courts will use the Florida Child Support Guidelines. Depending on their net income, the number of dependent children involved, and the custody arrangement, the Guidelines describe how many children support each parent will be obliged to pay. In a Florida divorce case, the court will carefully look after the Florida Child Support Guidelines [PDF]. The court does, however, have some authority to depart from the guidelines when necessary.
Parenting Plan
One of the last stages in a divorce with children is to decide on a parenting plan. The plan will cover a variety of topics relating to the child (or children), such as each parent’s participation in raising the children, a time-sharing timeline, how interaction with the children will be managed, and which parent will be in control of filling out important school, health-care, and other related forms. In assessing child support, creating a Parenting Plan and a timesharing plan is also crucial.
Distribution of Assets
Equitable division of marital assets and obligations is a requirement in a Florida divorce. In most cases, the court will begin by splitting marital debts and assets 50/50. A court must share a marital asset equally unless a legally sufficient explanation for an uneven distribution is established based on the applicable statutory conditions,” according to the law. Contact our Florida divorce lawyer to schedule a consultation on how to unequally split marital assets. Without legal assistance, obtaining an uneven distribution of a marital asset in Florida can be challenging.
Alimony
Alimony, commonly known as spousal support, is a monetary payment made by one ex-spouse to the other. The difference in a spouse’s financial resources relative to the other spouse in the party is the main premise of determining an alimony award. A court can impose five different forms of alimony as part of a divorce in Florida. Temporary, bridge-the-gap, rehabilitative, durational, and permanent alimony are several types of alimony. Any combination of these sorts of alimony may be awarded by a court. Alimony payments can also be made regularly or in one large sum.
Contact a Florida Divorce Attorney
Deciding to divorce is a tremendous milestone in your life, but it’s simply the start of a much greater journey. Divorce may be difficult, so you should know what to anticipate as you embark on this new chapter of your life. The specifics of your divorce may differ based on your circumstances, but utilize this guidance to establish some expectations for a Florida divorce. Divorce is a complicated process that can be stressful for those who are unfamiliar with it. If you are considering divorce in Florida, the attorneys at Serrano, Farah Law, LP, are here to assist you from start to finish. We provide divorce services that include child custody, child support and alimony, equitable division, and time-sharing.
