Getting a divorce in Florida is much less complicated and embarrassing than it used to be, when the petitioning party had to prove the other spouse was at fault in some way. Even with the updated laws, in which divorces are no-fault with only two grounds, they are still stressful and require you to follow the rules set forth in the Florida Statutes.
You must meet certain requirements that enable you to file for dissolution of marriage, and you must also meet requirements that allow the process to continue through the family court system. If you are contemplating a divorce, you need to know the Fort Lauderdale divorce requirements and rely on a divorce attorney with The Florida Probate & Family Law Firm who is well-practiced in such cases.
What Are the Initial Requirements for Filing for Divorce?
The spouse who files for divorce is called the petitioner, and before the paperwork can be filed, they must meet some requirements. Either the petitioner or respondent (the spouse being divorced) must be a resident in the state for at least six months prior to filing, proven with a driver’s license, utility bills, witness testimony, or work history.
Florida allows two grounds for divorce: either the marriage is irretrievable broken, or the respondent is mentally incompetent and has been deemed so for at least three years. For an irretrievably broken marriage, the parties must agree that they disagree on too many issues to salvage the marriage, and it is in their best interest to divorce and move forward.
For both grounds, the spouses must produce evidence. If evidence paints the other spouse in an unfavorable light, such as being a serial cheater, the judge can use this to determine how marital assets will be distributed, because if one spouse squanders assets on a paramour, the other may recoup assets that were spent in that way.
Florida is an equitable distribution state, which means the judge has wide discretion to allocate assets fairly, unlike community property states in which everything is split fifty-fifty. Divorce guidelines are in place to streamline the process in Fort Lauderdale and ensure both parties are accountable and treated fairly. Clients who have a skilled divorce attorney advocate for them alleviate a lot of stress that most people experience during divorce proceedings.
Other Requirements That Must Be Addressed
Other divorce requirements must be met, mostly that spouses agree on several issues. If they do not, an uncontested divorce becomes contested, and after mediation, it could head for trial, with a judge deciding how matters will be handled. If the spouses can agree, the divorce will be far less difficult. These matters include:
- The division of marital property that could include business interests.
- Identifying what property is separate.
- Adopting a parenting plan in which the spouses determine who shares time with the children and how much support is acceptable, as well as the children’s primary residence.
- Determining the type and length of alimony payments.
Pertinent issues may crop up and the divorcing couple may need to address them before a judge can grant a divorce. For the most beneficial results after filing for a divorce, help is available from a Fort Lauderdale attorney who can meet the divorce criteria.
Reach Out to Our Fort Lauderdale Attorneys About the Notable Divorce Requirements
If you and your spouse are divorcing, our attorneys understand what you are going through and will use our experience to make the process as seamless as possible.
Part of a successful divorce is relying on an attorney who can smoothly navigate the proceedings, which includes filing or responding to a petition, qualifying you for residency and grounds, and negotiating a fair settlement. The Florida Probate & Family Law Firm is always available to help with your divorce, so call us at your earliest convenience.