The basics of getting a divorce in Florida.
Florida is a no-fault divorce state. This means that either party may seek a divorce without proving any reason for it other than the spouses don’t want to be married anymore. Either spouse can file for divorce and must only show that (1) there was a legal marriage, (2) at least one spouse has been a Florida resident for six months immediately preceding the divorce filing, and (3) either the marriage was “irretrievably broken” or one of the spouses was found to be mentally incapacitated.
Once these requirements are met, the parties may proceed from one of the two divorce processes for obtaining a divorce:
- Simplified Dissolution of Marriage process can only be used when:
a) There are no minor children
b) No property or debt to divide, or when parties are in agreement on all issues;
c) Neither spouse is requesting alimony
The simplified dissolution of marriage is a quicker and cheaper process if you qualify.
- Regular Dissolution of Marriage: If you do not qualify for simplified dissolution
of marriage, a regular dissolution of marriage is the only option. In a regular dissolution of marriage, the judge is more involved in the decision making process, and the parties must disclose all relevant financial information.
In a regular dissolution of marriage (also called contested dissolution of marriage), the common issues to be resolved are the following:
- Parental Responsibility
- Timesharing (Custody) for Minor Children
- Equitable Distribution
- Child Support
- Child Custody
- Attorneys Fees And Expenses
Before you go to court for a divorce proceeding, it is best to contact a qualified family law attorney who can represent your best interests. Contact Jeannette Watkin, Esq. to represent you in your divorce proceedings. Call JWatkin Law. P.A., for a confidential consultation at (786) 272-6360, or contact us online.