What can you expect from your florida divorce?
May 22, 2015
Bradenton Divorce Attorney
Florida is a no-fault state, which means you don’t need to claim that your spouse engaged in bad behavior to get divorced. Either party can file for divorce and allege that the marriage is irretrievably broken. One spouse must be a Florida resident for at least six months prior to filing for divorce.
What is Dissolution of Marriage?
A simplified dissolution of marriage (also known as divorce) is a quicker, more efficient alternative to divorce in the state of Florida. If they meet the requirements below, couples may take advantage of this simplified procedure:
- The spouses agree that there is no way to save the marriage
- The couple has no dependent children
- Neither spouse is requesting alimony
- Financial affidavits have been filed with the court by both spouses, or both spouses agree that financial affidavits are not necessary
- Both spouses have come to an agreement over the division of their collective assets and debts
- Both spouses understand that by agreeing to the simplified procedure, they are giving up their right to appeal
The process of regular dissolution begins when one spouse or the other files a “Petition for Dissolution of Marriage” form with the court. This form confirms that the marriage is irretrievably broken and establishes the terms of property division, custody and child support, among other things.
When couples are in agreement
Many couples are able to reach an agreement on all or most of the issues that come up in divorce proceedings. In these cases, the spouses are able to settle without going to trial.
When couples cannot agree
Some couples have a more difficult time agreeing on certain aspects of their divorce. In these cases, the spouses may attend a final hearing at which the court must approve their new settlement agreement. Other couples disagree so strongly that they must go to trial in order to get help working out their differences.
Property Division
In Florida, the law allows a fair and equitable distribution of marital property. The fairness of the division is based on various facts about the case and the contribution of both spouses to the marriage.
Alimony
Alimony may be granted to either spouse. The amount of alimony is typically based on the need for financial support of one spouse and the ability of the other spouse to pay.
Child Support
Both parents are obligated to support their children. In Florida, the amount of child support is determined by following the formulas set forth in the child support guideline schedules. See Fla. Stat. Ann. 61.30.
Jodat Law Group – Bradenton Divorce Attorney
If you or someone one you know is considering a divorce, Jodat Law Group can help. Since 1994, Jodat Law Group has been helping people get back on their feet. Our legal team understands the financial and emotional complexities of divorce. We have the compassion, knowledge, and experience to help you get through this process as smoothly as possible. Our Bradenton Divorce Attorneys serve clients all over Florida. Contact us today for a free consultation about your divorce.