Divorce is such a stressful experience, yet having some information on the legal processes in Florida will help create more confidence during this challenging period. Florida’s statutes regulate divorce (or “dissolution of marriage”) while considering all the parties’ best interests equally. Here’s what you need to know to get a divorce in Florida:
Residency and Filing
Florida’s divorce requirements also state that a couple must be granted a divorce if one of the spouses has been a resident of Florida for at least six months. The process begins with filing a Petition for Dissolution of Marriage in a county’s circuit court where either spouse lives. A filing fee that is still necessary, and after filing a petition, the other spouse, commonly referred to as the respondent, must be served with the divorce petition.
Timeline
Florida adopts an equitable distribution system in the division of property and liabilities. Although “equitable” does not equate to “equal,” the court considers the duration of the marriage, the efforts each partner contributed, and their financial status. All property acquired before marriage or gifts received by either of the parties individually are not considered marital property.
Child Custody and Parenting Plans
Maintenance is not automatic and is based on one party’s requirements and the other’s willingness or capacity to meet such costs. The alimony available in Florida includes Rehabilitative, Durational, and Permanent Alimony, depending on the length of the marriage and the parties’ quality of life.
Property Division
Florida uses an equitable distribution system for property division and debts during marriage. Even though the term “equitable” does not necessarily mean equal, the court considers the length of the marriage, the contribution of each spouse, and their economic status. Separate property includes property acquired before marriage or received as an inheritance or gifts, which belong solely to the individual.
Alimony
Spousal support varies because it’s not automatic but rather granted based on one party’s reasonable needs and the other’s resources. In Florida, several types of alimony are offered: rehabilitative, durational, and permanent, depending on the duration of the marriage and the established standard of living.
Mediation and Court
Florida promotes divorce cases to be settled out of court through mediation rather than trial. If mediation does not work, the case goes to court, and a judge will rule on such matters as alimony, custody, or property division.
A Warm Note to Navigate Challenges
Even though the legal process of divorce may be long, it’s a chance to lay the foundation of a new life. Just know that there are options and help, such as mediation, counseling, or speaking with a lawyer with lots of experience. If you take it step by step and operationally use fairness and the concept of resolution, you can become more substantial and content. Reading through this article, you will be acquainted with the Florida divorce process and the procedures of the Florida court system to ensure you will better understand your rights as a citizen and make the process smoother for you.
