In the state of Florida there have been specific regulations placed in the statutes regarding the way divorces are handled in court, and as a woman getting a divorce, you need a womens guide to divorce to understand all of your legal rights within the state. The first important thing to know is that Florida doesn’t recognize the term “divorce”. The state uses the term “dissolution of marriage” to refer to the process of dissolving the legal union of marriage between two people.
Can You Get a Fault Divorce?
Another regulation regarding the dissolution of marriage in the state of Florida is the abolishment of fault as a legal means of obtaining a divorce. Fault divorces were ended in an attempt to lessen the traumatizing effects on children or potential for personal harm to anyone involved in the divorce process. Under the current law, fault may only be considered in matters of child custody and/or alimony.
The sole requirements that must be satisfied before filing is:
- Both parties must agree the union has dissolved beyond repair, and
- The action for dissolution of the marriage must be filed by either party involved.
The only proof required for divorce proceedings to occur is proof that a legal marriage between the two people had occurred, and that at least one of the people has been a legal resident of the state of Florida for at least six months.
Alimony in Florida
Florida’s divorce court system bases alimony payments on the financial needs of one party versus the ability of the other party to pay for those needs. These payments may be set on a temporary or permanent payment schedule, which in most cases will depend on the ability of the party being paid to acquire a form of gainful employment.
- A temporary alimony payment schedule is commonly referred to as “rehabilitative alimony”. It’s main purpose is to help the party being paid to redevelop any skills he or she may have and/or obtain any skills necessary to obtain financial independence.
- Alimony paid on a permanent basis is typically paid on a court prescribed installment plan that won’t end until either the payee gets remarried or dies.
- The least common type of alimony payment is the “lump-sum” type, where both parties agree to a one-time payment.
Property Rights in Florida Divorce
Property dissolution often considered the most difficult of any dissolution of marriage within the state of Florida. The division of marital property can include any and all of the marital assets between a couple, including but not limited to personal belongings, bank accounts, even business interests and stocks that may have been accrued by either one or both parties during the time span of the marriage.
The state typically strives to keep the process of property division as fair as it possibly can under the Equitable Property Division statute. What this typically means is that the court tries to divide all of the property between the two people equitably (not equally in all cases). The court will give no regard to the manner in which any of the property was obtained, whether by one party or in a joint effort between both parties.
Custody and Support
Florida divorce courts generally recommend that the parties involved in the divorce come to an agreement regarding child support and custody outside of court. If the court is placed with the burden of making this decision, it will always look into the best interest of the child first and foremost. Most cases where custody is left up to the court end in both parents being granted joint custody of the child.
Getting Help
The best tip for a womens guide to divorce in Florida is to get the help of a Florida divorce attorney. She can help you arrange an agreement with your spouse or protect your rights in court so you don't walk away from the divorce with an unfair settlement.
