For many people, the breakdown of a marriage can be one of the most difficult things they experience in their life. It is a process which you do not have to work out on your own. There are numerous issues to sort out during a divorce, and in many cases they can cause tension and conflict. Given what is at stake, having the support of a dedicated family lawyer is extremely important.
If you feel that your marriage is coming to an end, now is the time to act. You have the opportunity to protect yourself and enforce your rights, but doing so on your own can be difficult. Let a Florida divorce lawyer assist you with your case from start to finish.
Who Can Get Divorced in Florida?
A Judge has limited jurisdiction when it comes to dissolving a legal marriage. First and foremost, one of the spouses must meet the residency requirements written into state law. One of the parties (it does not have to be the person filing for divorce) must live in the country where the petition is filed for at least six months before the filing. That means it is possible for one spouse to have left the state and still file for divorce in Florida if the other spouse never left.
The party seeking divorce must also explain their reason for doing so. These are known as “grounds,” and Florida only recognizes two. A person can petition to end their marriage because it is irretrievably broken and there is no chance of repairing it. Another reason allowed bylaw is if one spouse has been mentally incapacitated for at least three years. These are no-fault grounds, meaning it is not necessary to prove who is responsible for the breakup.
The Legal Process for Getting a Divorce in Florida
The legal process for ending a marriage in Florida begins with filing a divorce petition in circuit court and serving notice to the other spouse. As mentioned, the petition will state the grounds for the divorce along with other information that will be necessary to finalize the terms of the separation. Specifically, the divorce petition process will require a determination on the following items that may relate to the marriage’s end:
- Dividing marital property between the spouses
- Either spouse’s need for financial support after the divorce
- Timesharing and child support decisions
After filing the petition, the spouses and their Florida divorce lawyers will work to find resolution on those issues and provide a proposed settlement for the court to approve. It is possible for disputes to exist over these issues, which may require additional appearances and filings for the court to finalize its order.
The Division of Marital Property
One of the most common conflicts in a divorce case is the division of shared property. Only the property that was acquired during the marriage is divided. Each spouse can keep what they owned before the marriage. However, there are some exceptions, like inherited property.
Common examples of marital property that may require division in a divorce case could include:
- Primary residence and other real estate (e.g., a vacation house or rental property)
- Bank accounts
- Investment and retirement accounts
- Personal property (e.g., business interests, artwork, vehicles, jewelry, collectibles, etc.)
A judge is tasked with dividing the marital property equitably – not necessarily equally. This means splitting it in a way that is fair, even if that means the split is not 50/50. A judge may consider several factors outlined in Statute 61.075 when deciding how to equitably divide the marital assets in a divorce. The broadest of these factors is the contribution each spouse made to the marriage, in either a financial or non-financial capacity. The court may also factor the length of the marriage, economic circumstances, career interruptions, and other reasons a spouse may desire certain assets over others. For example, the spouse who will have primary custody over shared children may prefer to retain the family home in a divorce.
The complexity of a divorcing couple’s marital assets can play a major role in the court’s distribution order. As a part of the asset distribution, the court may also grant an order for alimony payments to a spouse that is likely to have financial need after a divorce, either because of limited earning potential or other factors. Alimony can come in a variety of forms, including lump-sum payments and periodic installments. They may continue indefinitely or for a fixed period depending on the circumstances.
A Judge is tasked with dividing the marital property equitably – not necessarily equally. This means splitting it in a way that is fair, even if that means the split is not 50/50. A divorce attorney in Florida can make the case for a fair outcome in these proceedings, accounting for each spouse’s income, wealth, future earnings, and other goals.
Prenups and Postnups in a Divorce
If the couple has a preexisting prenuptial agreement or postnuptial agreement, those would be relevant in a divorce negotiation. Florida divorce courts will generally abide by the terms of a legal and enforceable premarital agreement. However, arguments may be available to contest these marital agreements depending on the circumstances. Challenging a premarital agreement may be possible in cases with the following issues:
- A spouse entered the agreement involuntarily (i.e., because fraud, duress, or other coercion).
- There was no proper financial disclosure when signed.
- One or both spouses breached the terms of the premarital agreement (e.g., commingled assets)
If you have concerns about the enforceability of a premarital or postnuptial agreement, it is important to review those questions with a Florida lawyer before finalizing divorce terms.
Child Discussions in a Divorce Proceeding
When Florida parents divorce, questions regarding their children are usually front and center. While these issues can lead to emotional disputes, they are also frequently resolved in a fair and cooperative way. When both parents are on the same page, the Judge will typically sign off on any reasonable agreement they make regarding child custody or timesharing.
In some divorce cases, it may be necessary to pursue sole custody over children shared in the marriage. Courts may grant custody to a single parent in extreme cases with concerns such as addiction, domestic violence, mental health, and other issues that could jeopardize the safety of the children. Even in cases where a judge grants sole custody to a parent, the other parent may still have supervised visitation rights.
If the parties cannot come to terms on issues like parenting time, the court will decide based on what is best for the child. This might involve splitting the rights evenly between parents or giving one party the majority of time with the children. The same standard is used when it comes to determining the amount of child support owed each month. These payments are calculated using the gross income of both parents, but any award is made with a child’s best interest in mind.
Seek Guidance from a Divorce Attorney in Florida Today
If your marriage is coming to an end, there is no time to delay in setting yourself up for the future. There is much we can do to enforce your rights in a marriage dissolution and ensure you are not taken advantage of by the other party.
Let a Florida divorce lawyer remove the stress and worry of dealing with this difficult situation. Call right away for a free case evaluation with The Florida Probate & Family Law Firm.
