The goal of marriage is to have a lifetime of happiness with your spouse. Unfortunately, this is not the case in reality. Marriage vows often do not endure a lifetime. Nothing can stop a failure in communication and resentment from setting in over time for many marriages.
There are several things you should be aware of if you’re thinking about getting a divorce and are worried about your rights as a spouse concerning things like alimony, child support, child custody and visitation, and other related concerns. Our family law attorneys at Serrano, Farah Law LP have some of the most important rights of a spouse in a Florida divorce.
Understanding the residency requirement
You or your spouse must have resided in Florida for at least six months before filing for divorce to do so.
Spousal Alimony Rights
Even when a marriage is dissolved, each spouse still has a long-term obligation to assist the other financially. Alimony is the name for this financial commitment, which is typically made to a spouse who has been wronged or is less financially secure.
Florida law only permits alimony provided the request is legitimate. Florida courts only provide alimony when one spouse needs it financially and the other has the means to pay it. The length of the marriage, the standard of living throughout the marriage, as well as the age and health of each spouse, are all factors taken into account by Florida courts.
“No-Fault Divorce” rights
Florida allows for no-fault divorces. Therefore, you do not need to establish that a party is to fault for your marital problems. Alleging that there are irreconcilable disagreements is all that is necessary. For instance, a spouse can get a divorce without showing proof of infidelity or domestic abuse.
The spouse has the right to petition for an uncontested divorce if both of the partners concur on the divorce’s conditions. This divorce procedure is quick and doesn’t include courtroom battles. To be admissible, there must be total agreement on all criteria, though.
What are the Spousal Rights in a Florida divorce when dividing assets?
The division of assets is difficult for most couples, and they frequently question who will receive what. Even though you may have many assets, the property is generally the largest asset that a couple must split. This is one item that gives rise to several problems in a Florida divorce and the spouse must know.
What is the General rule?
If a real estate asset is deemed “marital property” in Florida, which refers to property obtained by either spouse during the marriage, it is split equally between the two parties. Property purchased by either spouse before marriage is considered non-marital and is not split equally. So, if you and your husband or wife bought the house jointly during the marriage, it is shared equally and handled like any other asset. However, how does one divide a house?
Property division possibilities in a Florida Divorce
There are several ways to divide up a house fairly. Florida divides up assets according to their worth since it is an equitable distribution state. Therefore, you must first have the worth of your home determined before deciding how to divide it. You have a few choices after the value has been determined:
- One party purchases fully – Husbands and wives may decide to buy each other out. For instance, if one spouse chooses to keep the home, they may do so by purchasing the other spouse’s equitable share, which is equal to 50% of the assessed value.
- Sale – Selling the house If the couple is unable to agree, sometimes the only option to equitably divide the house is to sell it and divide the proceeds.
- Giving the primary caregiver the property – If you have kids, the person who spends the most time with them should receive the house, if it’s financially possible. This is in the kids’ best interests (because they will not have to move or change schools).
It is preferable to have a lawyer at Serrano, Farah Law LP to manage the division of your family home in these circumstances. Our lawyer may assist with the divide; according to the choice you and your spouse select, your lawyer can assist with removing duty from one spouse, carrying out a buyout, or just selling and dividing the proceeds.
Dealing with Debt
Unless the debt is combined during the marriage, premarital debt that was accumulated before marriage is thought to be the obligation of the spouse who incurred it. For instance, both spouses are liable for the debt if either held a credit card before the marriage but both used it throughout the union. Non-marital debt, such as a credit card or business loan, is any debt that is solely recorded in the name of one spouse. In the event of a divorce, the spouse who solely benefited from the debt is liable for it.
The majority of debt in a marriage is joint debt, which means that both spouses are liable for it and that it was accumulated during the marriage. This might include debt from credit cards, vehicle loans, mortgages, or other loans taken out to pay for personal items.
What spousal rights are there for child support?
- Child’s best interests. Florida courts are required to take the “best interests of the child” into account when making decisions involving a minor child. If you and your spouse are unable to agree, the judge will make the decisions on parental responsibilities and time-sharing based on what is best for the kid. In general, the court will impose shared parental responsibility unless doing so would harm the child.
- Child Support. The “child support guidelines” formula is used to determine child support. Florida courts consider both parents’ incomes as well as the minor child’s medical expenses when assessing child support.
Contact our Florida Divorce Attorneys
There is never an easy divorce. While you can’t get back the time and effort you put into your marriage, you can save yourself from spending additional time, effort, and most importantly, cash, on your divorce.
Our Florida divorce lawyers at Serrano, Farah Law LP have expertise in managing complicated family law cases. We’re committed to supporting our spouses as they battle for what they rightfully desire following their legal spousal rights.
