Information On Florida Divorce Process
In the State of Florida the words used for divorce are "dissolution of marriage."
Florida is one of the many states that has abolished fault as a ground for divorce. This law lessens the potential harm to the husband and wife and their children caused by the process of divorce. All that is required is that the marriage be "irretrievably broken". Either spouse can file for the dissolution of marriage. All that has to be proved is that a marriage exists, one party has been a Florida resident for six months, and the marriage is broken. A dissolution can also be granted if either party has been legally declared incompetent for a period of three years. Fault by either party may be considered under certain circumstances in the areas of alimony and determination of the minor child(rens) custody and/or visitation.
Each divorce case is unique and therefore settlements vary. Even though fault is not an issue, the division of property and possessions and responsibility for support may become contested matters.
The divorce process is highly emotional and traumatic for everyone involved.
Marriage partners often do not know their legal rights and obligations. Court clerks and judges can answer some of your basic questions but are prohibited from giving legal advice. Only your lawyer is allowed to do that. Court procedures must be strictly followed or you may lose certain rights forever. It is recommended that you obtain the services of an attorney concerning legal questions, your rights in a divorce, your children's rights, your property rights, your responsibilities resulting from the marriage or tax consequences that you may become responsible for that were accrued during the marriage. A lawyer can analyze your unique situation, and can help you to make decisions in the best interest of you and your family.
To obtain a dissolution of marriage in Florida, at least one spouse must have been a Florida resident for six months or more before the case is filed. There are two ways of getting a divorce, or dissolution, in Florida. The usual way is called a "Regular Dissolution of Marriage". The second method is the "Simplified Dissolution of Marriage".
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