If you are getting divorced in the state of Florida, you need to know the rules for dissolution of marriage within the state. Each state has slightly different rules for ending a marriage, ranging from how to file or divorce to how property and child custody are decided. Read on for some FAQ about dissolving your marriage within the state of Florida.
FAQ about Florida Dissolution of Marriage
- Is Florida a fault or a no-fault state?
The state of Florida is a no-fault state when it comes to the dissolution of a marriage. What this means is that, in order to file for the action, neither party in the relationship has to prove any wrongdoing on the other person’s part. All that needs to be proven is that a legal marriage exists, and that both people agree the marriage has disintegrated beyond the point that either party can participate in it any longer. The issue of fault is only brought up in a Florida dissolution of marriage are matters of determining alimony or parenting schedules in reference to any minor children.
- How do I File for Dissolution of Marriage in Florida?
This is going to depend on whether or not you have an attorney to represent you. If you do, your lawyer will handle all filings for you, showing cause for the filing and meeting all requirements. If you do not have a lawyer, you can file a Petition for Dissolution of Marriage at the Clerk of Court’s office in the county you reside in. However, if this is your intention you need to consider whether or not all the aspects of your separation are on mutual grounds before you file. If not, it’s in your absolute best interest to obtain a lawyer.
- What are the Requirements for Filing for Dissolution of Marriage?
The requirements for filing a dissolution of marriage in Florida are simply the ability to prove that a legal marriage has occurred, which has become irreparably broken, and that at least one party in the marriage still lives within the state of Florida and has for at least the 6 months prior to the filing. If there is any sign of disagreement between the two parties in the filing, the court may order that the couple attend either a counseling program or a mediation seminar.
- How is Custody Decided in Florida?
The state of Florida doesn’t want to have to decide any custody arrangements in marriage dissolutions. The court would much rather that both parties can agree on all of the issues and decisions that must be made throughout any child’s upbringing. However, if two people cannot agree on custody issues, the court will take into consideration the best interest and well-being of the child, and each parent’s ability to take care of the child without the other party being present. One of the biggest issues the court will consider is the willingness of each parent to ensure that the children are able to see and communicate with the other parent.
- How will Property be Divided?
Florida operates on an equitable division policy, meaning that all of the property the couple has amassed during the relationship will be divided according to the contribution of each party to the relationship, whether financial or domestic. Any property either party owned before the marriage will be retained by that party upon the dissolution of the marriage.
Getting Help
When getting divorced in Florida, you should have the help of a qualified Florida divorce attorney. Your lawyer can help you with all of the legal technicalities and decisions involved in the dissolution of marriage in order to make sure your rights are protected.
