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10 Important Things You Need to Know about Filing for Divorce in Florida
Florida: About Obtaining a Divorce
If you are currently married, in Florida, there are some useful items to know about the entire divorce system in the event of this type of unfortunate occurrence. A divorce lawyer in Miami can prove to be very helpful in terms of obtaining fair and legal outcomes. When a married couple makes the choice to get divorced, this is known as a “dissolution of marriage.”
It ought to be known that every divorce will come with some necessary legal issues that will need to be settled. Every state does have various laws that need to be adhered to by the involved parties. A Miami divorce Attorney is informed about the necessary legal steps and fair divorce conduct. There are some very important items to be informed about if you are filing for a divorce in Florida.
10 Items: You Need to Know
There will be legal guidelines that need to be adhered to during this entire process. It is important to be informed about the laws surrounding divorce. There are also a set of steps that can be followed in order to make the divorce process go smoother:
* A petition will need to be filed. Dissolution of Marriage will need to be declared
* A Summons for The Florida Court must be prepared
* The Florida Financial Affidavits must be completed
The following 10 legal items will be useful for those who are unclear about the Florida laws and guidelines:
1. Florida is known as a no-fault divorce state; this is referring to adultery, abandonment and even abuse. Neither is to blame, for the divorce, because the marriage cannot be repaired and both parties agree that reconciliation will not be occurring. Blaming the other spouse will not be recognized in court. This holds true if there are no children and both parties agree to divorce. The court tends to grant the no-fault divorce without the added steps involved. If one spouse does not agree to the divorce, or if children are involved, the court may order some type of marriage counseling.
2. There are residency requirements; one spouse will need to be a Florida resident in order to file for a divorce in Florida.
3. If a spouse cannot be located during the divorce process; it is still possible to get divorced, even if the whereabouts of a spouse is unknown. A “good faith” attempt must be made to try to find the spouse prior to the divorce.
4. The divorce petition must be filed in the county of residence; one of the parties will need to be a valid resident where the filing is completed. A petition can be filed in the county where both parties had resided together as a married couple.
5. Property dividing; “non-marital property” can be kept by both parties and non-marital debts are included.
6. Spousal support; Florida courts may or may not award alimony. The courts may view it as “well founded” or they may not.
7. The courts will determine what is best for children; support and residence may be factors.
8. Divorce mediation; this may be a set requirement by the courts.
9. A simple divorce process; some couples are able to participate in a simplified version of the divorce and the process will be quicker if the couple is in agreement.
10. Some divorces are very time consuming; every petition must meet a set of requirements. Some divorces have been dragged out due to lack-of-compliance.
Filing for Divorce in Florida can be quick and simple or long and complicated. It depends on each case.