Divorce, or dissolution of marriage in the Florida courts, has been streamlined since 1971 when the state adopted The Dissolution of Marriage Act and abandoned the idea of having to prove fault for a breakup. Providing no-fault divorces has reduced the gossip and embarrassment divorcing couples faced, but judges can still consider bad behavior when splitting marital assets and granting custody of children.
There is still a process you must follow to get a divorce. It can be painless if the parties are parting on good terms with no children and no shared property, but that is not usually the case. If you need help navigating the Fort Lauderdale divorce process, a skilled divorce attorney with The Florida Probate & Family Law Firm can help you.
How Do Couples Prepare for a Divorce?
Even though no-fault divorces are the norm, petitioners (those who file for divorce) must ensure they qualify to file in Florida. One of the spouses must be a resident of the state for at least six months before the filing to ensure the courts have jurisdiction. The petitioner must also determine which of the two grounds they will claim, neither of which allocate blame: the marriage is irretrievably broken or the spouse is mentally incompetent.
“Irretrievably broken” is often referred to as irreconcilable differences and means the couple can no longer fix the issues that caused the marriage to fail, and cannot live in harmony together. To file for divorce from a spouse who is mentally incompetent, the petitioner must wait at least three years from the diagnosis.
Neither of these grounds place blame, but there must be evidence to back each claim. Both spouses must either agree on divorce matters or the judge will determine them in a hearing. These matters include:
- How marital property will be split between the divorcing spouses.
- If alimony will be paid, and for how long and how much.
- Making a parenting plan for parental time-sharing as Florida moves away from using the term “custody.”
- Determining how responsibility for a child’s well-being will be shared.
- How much the non-custodial parent will pay in child support.
These are serious decisions at a time when emotions are raw, and tempers can erupt. During the divorce process, a Fort Lauderdale lawyer can reduce the differences if possible, and effectively work toward an equitable solution for a client.
Process for Distributing Property
The divorce process also includes both parties submitting financial statements and an itemization of assets, along with naming the spouse who should retain possession of a particular asset if it belongs to only one of them. For instance, a person can usually keep property they acquired prior to the marriage, with some exceptions, including when the other spouse contributes to its rising value.
Equitable distribution is not the same as community property or equal distribution. It means the judge awards what is fair, assessing the contributions of each partner, and considering behavior that might affect the distribution, such as granting less to an adulterous spouse who squandered marital assets on their tryst. The divorce process in Fort Lauderdale can become convoluted and contentious, and it is best to engage an attorney as your advocate.
Let a Fort Lauderdale Lawyer Navigate the Divorce Process for You
Although Florida law has made divorce a less difficult process, it can still come with tension and conflict. If you are petitioning for a divorce, your family law attorney can explain the paperwork and filing fees, and act as a buffer against the more unpleasant aspects of the process. If your spouse contests any elements, your attorney fights for your position in court.
The Florida Probate & Family Law Firm is sensitive to how difficult this can be for you, and we strive to guide you through the Fort Lauderdale divorce process as smoothly as possible. Call now to schedule your initial free consultation.