Going through the dissolution of your marriage can be an emotional process—even when divorce is the best outcome for all involved. With the appropriate legal counsel, it is possible to minimize the challenges that come with divorce.
If you are considering this option, a dedicated family attorney can help you navigate this difficult chapter of your life. We do our best to identify the areas where you need an advocate to defend your interests. Before you decide to file for divorce on your own, it is extremely beneficial to talk about your situation with a South Miami divorce lawyer.
Who Can Divorce in South Miami?
There is a necessary legal procedure that must be followed in order to secure a divorce in South Miami. Certain requirements must be met by one or both spouses. If these technical requirements are not addressed, the court does not have the power to dissolve a marriage. A South Miami divorce attorney can provide guidance on how to meet these technical requirements, which include residency requirements and identifying the grounds for divorce.
Residency Requirements
As is the case with all jurisdictions, there are residency requirements for divorcing in Florida. The laws of the state require at least one of the spouses to have lived within the state for a bare minimum of at least six months prior to filing for divorce. This can be the party filing for divorce or it could be their spouse. In other words, a person living out of state could file for divorce as long as their spouse has lived within the borders of the state for the previous six months.
There must be evidence of residency during a divorce case. It might be necessary for a witness to officially swear that a person has lived in the state for at least that long. It is also possible to secure something known as an Affidavit of Corroborating Witness for this purpose.
Grounds for Divorce
There must also be grounds for divorce in order for a Judge to allow it to move forward. The grounds for divorce are the officially stated reason(s) a couple seeks dissolution of a marriage. Under state law, these grounds are “no-fault.” That means a couple does not have to prove who was at fault for causing the marriage to fall apart. Instead, they must only show that their marriage is irretrievably broken.
How Long Does a Divorce Take?
Most people who are preparing for a divorce will wonder how long it takes. The reality is that there is no way to know for sure how much time it will take to wrap up the case. However, there are some factors to consider. A divorce attorney can help an individual in South Miami understand their position on a number of topics that will be discussed, such as child custody, the division of assets, and any alimony that might need to be paid.
Furthermore, there is a waiting period for divorce under Florida law. The Judge must wait at least 20 days from the date that someone files the petition before they can enter a final dissolution judgment. There are also other factors that could impact how long these cases take. Contested divorces typically take longer than uncontested proceedings.
Contact a South Miami Divorce Attorney Today
Deciding to legally leave your marriage can be stressful, especially if you attempt it on your own. With strong legal counsel by your side, it could be possible to reach a fair outcome that offers an equitable separation. Put your trust in the hands of a South Miami divorce lawyer by contacting us right now to learn about your options in a free consultation.