Divorce, also known as dissolution of marriage, is a legal process that terminates a marital union between two individuals. It is a decision to end a marriage contractually and legally, providing a means for individuals to separate their lives and assets.
In Florida, the process of divorce involves several key aspects:
1. Filing for Divorce: One party, known as the petitioner, must file a petition for divorce with the circuit court in the county where either spouse resides.
2. Residency Requirement: To file for divorce in Florida, either spouse must be a resident of the state for at least six months prior to filing.
3. Grounds for Divorce: Florida is a no-fault divorce state, which means that neither spouse needs to prove fault or wrongdoing to obtain a divorce. Irreconcilable differences or the marriage being irretrievably broken are commonly cited as the grounds for divorce.
4. Equiatable Distribution: Florida follows the principle of equitable distribution, which means that marital assets and liabilities are divided in a fair manner, though not necessarily equal. The court considers various factors such as the length of the marriage, each spouse's financial situation, and contributions made during the marriage when determining the division of property.
5. Alimony: described in more detail on the Alimony page within the site.
6. Child Support: If the divorcing couple has minor children, the court will make decisions regarding child support.
7. Parenting Plan: Florida requires a writing that ecompasses key aspects that are in the best interest of the child(ren)
a.Time-sharing - Refers to the allocation of the time a parent spends with their child(ren)following a divorce;
b. Parental Reponsibiity - Florida recognizes two types of PR; shared and sole where the parent(s) make decisions regarding the children, including education, healthcare, religious upbrining and day to day activities,
c. Child Support - Florida requires a calculation on how much the parents shall contribute to the support of the child(ren) and will determine who is the recipient and who is the payor of the support.
It's important to note that divorce laws and processes can vary, so it's advisable to consult with a Family Law attorney to understand the specific requirements and procedures applicable in your situation.