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Florida Divorce Laws and You

florida divorce laws

We can help you through your divorce by giving you a thorough overview of the laws in Florida concerning divorce and all of it's issues such as alimony, child support, child custody, division of property and more.

About The Divorce Process In Florida

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".

If you are going through the process of a divorce in Florida, you will want to have legal representation to help you and your family through it. Florida family law attorney Matthew Irwin can help you get the legal help you deserve.

We'll work with you not only to help you get through this painful period in your life but also to help you understand the divorce process.

But first, we urge you to ask yourself, "Can this marriage be saved?"

Can You Save Your Marriage?

can your marriage be saved from divorce

Before you consider doing anything regarding entering into the legal arena to put an end your marriage, you should be certain that you have tried all possible ways to save it.

Do you want professional help in working out ways to save your marriage?

Many communities and social and religious organizations offer counseling services either free or on a sliding fee scale. Or you may wish to consult with a marriage counselor, psychologist, psychiatrist, minister, priest rabbi or other qualified person. Your attorney may also know someone who can counsel you and your spouse.

If you have made the decision that your marriage cannot be sustained, then let's work together through the necessary steps to ensure that you and your family move through this process as smoothly as possible. Here's some information about divorce attorneys fees and costs.

Divorce Attorney Fees and Costs

You can choose to litigate but it is an expensive process.

Dissolving your marriage does not have to be expensive. The more complex your affairs and the more contested the issues, the more the divorce will cost.

Money spent litigating can be directed to your children if you and your spouse were able to agree at an early stage of the dissolution process.

At an initial meeting, your attorney should be able to provide an estimate of the total cost of a dissolution based on the information you provide. The cost will depend on how contested the issues that you cannot resolve become.

You and your lawyer will enter into a retainer agreement. The lawyer is responsible to move your case along and represent your interests.

The lawyer expects you to pay his fees and the costs of litigation in accordance with the agreement you make.

Occasionally the court will order your spouse to pay part or all of your fee and costs, but such awards are unpredictable and cannot be relied upon. You are primarily responsible for the payment of your legal fees that are incurred on your behalf in accordance with your retainer agreement.

In a Florida divorce, it is illegal for an attorney to work on a contingency fee basis. For instance the lawyer cannot charge a fee that is a percentage of the property you recover in the dissolution of marriage.

Understanding The Basics Of Florida Divorce Laws

The following are the basics of Florida Divorce Laws. Understanding these will help you through your divorce process.

Our attorneys can help you understand the basics of Florida's divorce laws, call The Men's Rights Law Firm today at 239-829-0166 for your free consultation.