How to Get a Divorce in Florida?
No one wants to go through divorce no matter how much they say they do. Most people will not marry someone just to divorce them later. Remember, marriage is for life. However, things do not always work out in a way that is expected. People divorce all the time, and this is true for the residents of Florida. If you plan on divorcing your spouse in the state of Florida, then you need to read this information.
The Procedure of Divorcing Begins with Filing
Florida residents that want a divorce must file paperwork to start the process. They will need to file a Petition for Dissolution of Marriage. They start this filing with the Family Department of the local circuit court. A person’s spouse does not have to be present or even want a divorce for this process to get started. However, the courts will give the other spouse time to respond to the filing.
If both parties can agree on how to divide their assets, alimony, custody issues and child support; a judge will finalize the divorce. If both parties don’t come to terms with each other, then a trial will take place. Rarely, do two parties agree over every aspect of a divorce in Florida.
Divorce Laws Regarding Property and Assets
How is property divided in a divorce in Florida? In the state of Florida, a judge will try and divide a former couple’s assets equally. If a judge determines that a couple’s assets should be divided unequally; they will need evidence to support their findings. Judges will strongly evaluate what contributions were made to the marriage from both spouses. Any asset (a house, car, est.) that a spouse had before their marriage, will remain in the possession of that spouse.
Custody and Child Support
Child Custody in Miami is very straight forward. Courts will give both parents to make an agreeable decision about child support and custody. If both parties don’t agree then a decision will be made in the best interest of a child. In most cases, a court will judge in favor of both spouses having custody. However, if one spouse is proven to be unfit or unreliable in some kind of way, then one spouse will be the custodial parent. Courts will also look at a child’s health and childcare expenses and at a parent’s income.Alimony in Florida
The state of Florida may or may not reward alimony to a spouse. They will make this determination based on criteria such as living standards during the marriage, how long the marriage lasted and the age of the divorcing couple. They will also consider the health condition of each spouse. A Miami alimony lawyer or a lawyer from another city within Florida can provide more detail about this part of the dissolution process.
Further Considerations for Divorce in Florida
An international divorce lawyer in Miami specializes in this type of divorce procedure and can help people to dissolve their union if a couple is from another country. The family court system within various Florida cities will provide more detailed information about this process.