Divorce Law
Divorce can be an emotionally draining and difficult process and it should never be entered into lightly. You should thoroughly consider the consequences of a divorce such as how it will affect your relationship with your children, your finances and your property; before you make any decisions about moving forward with it. It is very important to consult an attorney before making any final decisions and at KEL Attorneys, we can explain Florida divorce law in terms that you can fully understand.
Things to Consider before Filing for Divorce
- Your Finances: There are a number of things you can do to get your financial situation straightened out before filing for divorce, and there are some things you must steer clear of in order to avoid any trouble with the family court.
- Parenting Plan: There are many factors the courts will consider when ordering a parenting plan and time sharing schedule, and it is very beneficial to understand these factors ahead of time.
- Retirement: 401K and pension plans established or maintained during the marriage are considered marital assets and will be distributed by the Court.
Setting Your Divorce Priorities
It is important to prioritize what you wish to achieve in your divorce, because it is not likely that you will get everything you want. Therefore, a prioritized list can keep you focused on what’s most important to you.
There are a number of things you should discuss with your spouse to determine specific areas in which you agree, and in which areas there might be a conflict.
- If you have children, how do you and your spouse envision the time sharing schedule?
- Will either of you remain in the marital home? Will it be sold? Who will be responsible for the mortgage?
- Will either of you seek alimony? If so, how much will you seek?
Definition of Divorce is dissolution of marriage is the ending of a marriage before the death of either spouse.
It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support or Alimony, child custody, child support, and distribution of property.
A divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses have agreed on privately. Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful (and expensive) litigation. A less adversarial approach to divorce settlements has emerged in recent years, known as mediation, an attempt to negotiate mutually acceptable resolution to conflicts.
Types of Divorce in Florida
No Fault Divorce
Florida is a No-fault state. This means that it does matter whose "fault" the divorce is, and
fault will not be a factor in the distribution of assets, unless it can be shown that a party dissipated a martial asset for
non-marital purpose. A couple only needs to state that their marriage is irretrievably broken to obtain a divorce. There is no
requirement that the couple live separate and apart for a period of time prior to receiving a Final Judgment of Dissolution of Marriage.
Contested Divorce v. Uncontested Divorce
A contested divorce is a divorce in which the parties do not agree on certain terms of the divorce, whether that be division of property or custody of children. If a matter is contested, the issues will be presented to a Judge who will decide the distribution of assets and custody of the children.
An uncontested divorce is a divorce in which the parties agree on all terms of their divorce and have entered into a Marital Settlement Agreement which solemnizes the parties' agreement with respect to their assets, child, child support, alimony, etc. The Marital Settlement Agreement will be incorporated into a Final Judgment of Dissolution of Marriage at a short Final Judgment Hearing.
Simplified Divorce
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that: (1) there are no minor or dependent children of the spouses and the wife is not pregnant; (2) the spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations; (3) that 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage; and (4) that their marriage is irretrievably broken. The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.
Each state has its own unique filing procedure. When filing for dissolution of marriage in Florida, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory dissolution of marriage documents to the county court. You can visit the Florida state statutes located at: http://www.flsenate.gov/ to learn more about these documents. You will discover that some documents may be provided by the Florida Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Florida Laws and the filing requirements.