Filing a Divorce
No one wants a long, messy divorce. While ending a marriage is always an emotional process, a divorce lawyer can make the process both smoother and more efficient.
In order to file a divorce in Florida, you must meet the following requirements;
- You or your spouse must live here for at least 6 months prior to filing for divorce.
- You must wait at least 20 days after filing before the divorce is final.
Filing a No-Fault Divorce in Florida
All divorces in Florida are no-fault divorces. You will just need to show that there are irreconcilable differences in addition to showing that the marriage has undergone an irretrievable breakdown. In other words, you believe that your marriage is broken to the point that it will never be fixed.
Regardless of whether you or your spouse is to blame for the divorce, having a divorce lawyer will ensure that your needs are met after the separation.
How to File for Divorce in Florida
The actual process of filing for divorce in Florida is relatively simple. To file for divorce, you must do the following:
- Complete a Petition for the Dissolution of Marriage and then file it with the court.
- Have your petition and other forms served on your spouse.
- Make a series of financial disclosures.
- Negotiate with your spouse about the terms of your divorce or attend trial.
- Obtain a court order ending your marriage.
If your spouse doesn’t contest the divorce, this might go smoothly and quickly. However, if there are disagreements about your children, marital property, marital debts, or alimony, your divorce might become very complicated. To avoid these issues, it’s typically in your best interest to hire an experienced divorce lawyer from the very start.
After parenting issues, the splitting of a couple’s marital property is typically the most contentious issue in a divorce. Florida courts will divide your property equitably (or fairly). This doesn’t mean that you and your spouse will split your assets 50/50. Instead, you must assess a variety of factors, including:
- The length of your marriage
- Each spouse’s financial stability
- Whether one spouse gave up a career or education to care for the home and children
- Each spouse’s contributions to the marriage
However, if you and your spouse have a valid prenuptial or postnuptial agreement, its terms will likely determine how you divide your property.
A Divorce Lawyer Can Help
Divorce is a complicated process that has an emotional as well as a financial impact on a family. Both parties should handle a divorce with care and attention to detail. The implications can be lifelong. There are numerous factors to be addressed, including the division of marital property, developing a parenting plan (child custody arrangement), arranging primary parental responsibilities, and arranging a visitation schedule as necessary, claiming alimony or child support, defending a claim for alimony or child support, and relocating out of the area with a minor child.
Contact an experienced divorce lawyer such as The McKinney Law Group. A divorce lawyer can help you value your marital property, protect your assets, and assess the validity of a nuptial agreement.