Thinking About Getting a Divorce in Florida?
Divorce is a big decision, but for many people it’s also a life changing event, allowing them to take control of their narrative and start building the life that they want. It can be overwhelming when you start researching divorce, so we’re providing you with a simple introduction to give you an anxiety-free feel for how divorces in Florida generally unfold.
- No waiting period. You can file even if you’re still living together or only recently separated. Unlike some states, Florida does not require a period of legal separation prior to filing.
- In order to file, at least one spouse must have been a legal resident of Florida for at least six months.
- Florida is a no-fault divorce state. Most people who file for divorce in Florida use the basis that their marriage is “irretrievably broken.” In other states, this basis is also known as “irreconcilable differences.” If you choose to file using this basis you will only have to assert that your marriage is irretrievably broken and unlikely to be fixed. You do not have to provide any additional explanation or establish the fault of one spouse or another.
- The process. After you file your petition for divorce with the court, your spouse will have 20 days to file an answer and counter-petition. In their answer, they may contest the terms of your petition, or choose to accept them. If he or she contests the terms the parties will attend mediation once their financial documents have been exchanged. If the parties cannot come to an agreement at mediation then a hearing will be scheduled.
- Florida has a simplified divorce process. If both parties wish to end the marriage without contesting any issues, Florida law provides a means for simplified divorce. There are a number of criteria that must be met in order for couples to qualify for this avenue, including that they have no minor children, that neither spouse is pregnant, and that neither spouse is seeking alimony. The best way to determine whether this is the appropriate option for you is to speak to an experienced Florida divorce attorney.
- Division of property. Florida is an “equitable distribution” state. This means assets are divided in a manner that is deemed to be fair by the court, instead automatically being divided down the middle. In determining how to divide assets, courts consider things like the contribution to the marriage by each spouse, their respective financial circumstances, and the length of the marriage.
- You can talk to an experienced divorce lawyer for free. Divorce laws vary from state to state, so it’s important to get an experienced Divorce attorney who is well-versed in the particular divorce laws for the state you’re filing in. Schedule a free consultation with experienced Fort Lauderdale Divorce Attorneys to get information on your unique circumstances.
Is Divorce Right for Me?
Every divorce is different; the one thing that all divorces have in common is someone felt strongly it was the right choice for them. If you have that sense, reach out to a Fort Lauderdale divorce lawyer for a free consultation.
Talk to an Experienced Florida Divorce Attorney:
It’s easy to get intimidated and overwhelmed when you start researching divorce, but the experienced Fort Lauderdale divorce attorneys at Joyce A. Julian, P.A. will assess your unique circumstances and help you determine if divorce is the best option for you. Schedule your free consultation online, or call us today at 954-467-6656.