Divorce Guide

Divorce Guide

Florida divorce procedures

Florida divorce procedures are simple and less time consuming. The court system in Florida refers divorce as dissolution of marriage. To file for divorce in Florida, one must meet the residency requirements for the court to accept the case. To obtain dissolution of marriage, either of spouses must reside in Florida six months before filing the petition.

Uncontested divorce

An uncontested divorce means both the spouse agree on issues such as dividing marital property, alimony, child support and custody. The spouses should sign a marital settlement agreement and submit it to court for a quick hearing to finalize the divorce. The cost of uncontested divorce is minimal. It takes 30 days for an uncontested divorce to finalize.

No fault divorce

Florida is no fault divorce state. Termination of marriage in Florida can be granted based on following grounds

  • The marriage is irretrievably broken
  • Mental incapacity of one of the spouse for preceding period of at least 3 years

Documents required for Florida divorce procedures are:

  • Petition for dissolution of marriage and final judgment for dissolution of marriage
  • Affidavit of corroborating witness and marital settlement agreement
  • Family law financial affidavit and final disposition form
  • Issues that are discussed in the divorce procedures are

Property distribution

Florida is an equitable distribution state. Equitable means all the marital property is fairly distributed. The division of property is made considering the contribution of each spouse to the marriage. Apart from this here are some factors that are considered while dividing the assets:

  • Contribution of each spouse towards the care and education of children
  • The economic circumstances of both the parties and the duration of marriage
  • The contribution of one spouse to the educational opportunity or personal career of other spouse
  • Each spouses contribution in acquisition, enhancement and production of income of both marital and non marital assets.

Alimony/ spousal support

Alimony is divided considering the following factors The standard of living established during the marriage and duration of marriage Age, physical and emotional condition of each party is considered. Financial resources and non marital and marital assets are too considered.

Child support and custody

Florida child support guidelines are based on income shares model. The monthly support amount is determined according to each parentís income. The court determines child custody with the best interest of child and in accordance with the uniform child custody jurisdiction and enforcement act. The court ensures that each minor child has frequent contact with both parents after the dissolution of marriage.

Divorce procedures in Florida

In order to file for divorce in Florida it is necessary to meet residency requirements. Make sure to fulfill all the grounds on basis of which you want to file for divorce.

  • Filing spouse must file dissolution papers in Florida court. Florida does not allow divorces for fault. This paper of dissolution is called petition. File the petition with all the necessary documents mentioned as per the Florida court
  • Pay the necessary fees to the countyís clerk, after filing the petition. Make sure you fulfill all the necessary information in the petition
  • Make the copy of the petition and send it to the court. Serve another copy of petition to the spouse. The spouse should respond the court within 20 days after serving
  • Once you receive the response, you and your spouse have to wait for the courtís decision.
  • The judge will grant for divorce by signing the final decree.

Above stated are the Florida divorce procedures. Make sure that you do not bring your children to the court, unless a lawyer tells you to. You can also file for the divorce process online.make sure you follow all the rules mentioned by the Florida law.

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