Few events in life are as stressful as a divorce. With emotions running high, it is important to have a clear understanding of your rights and obligations during divorce, and the various documents you will file and other steps you will need to take throughout the process. While no amount of quick tip advice can replace a qualified Florida Divorce Attorney, here are a few considerations to start you down your rode to resolution.
Types of Divorce in Florida
When it comes to dissolving a marriage, Florida is considered a “no-fault” state. This means that in Florida a party may file for divorce (the petitioner) against their spouse (the respondent) for any reason. The only requirement is that the petitioner must claim that the marriage is irretrievably broken. Either the petitioner or their legal representative will file what is known as a petition for dissolution of marriage. This will be followed up by various other documents and filings depending on whether support has been requested and the complexity of any division of assets. The last document that will be filed at the final hearing in the divorce process will be the Final Judgement of Dissolution of Marriage. These two documents comprise the essential legal beginning and end to any Florida divorce proceeding.
Division of Assets
Florida divorce laws call for the “equitable” division of assets as part of any dissolution of marriage. Typically, an equitable division in an uncontested divorce will mean roughly half going to each spouse. Many times, a Florida divorce attorney can help the separating parties decide which specific assets will be retained by which spouse in the separation. It is important to note that even if the parties agree upon a divisin of assets, a judge may still make modifications if they believe the division is not equitable. A judge may also take certain things into consideration when deciding on equitable division such as earning potential of the parties, which party is the primary childcare provider, assets the parties brought to the marriage and a variety of other facts.
Child and Spousal Support
The well-being of any minor children is an important concern during a divorce. Florida laws governing child support can be found in the Florida Child Support Guidelines. Each parent will be required to submit an affidavit regarding all forms of earned and unearned income. The guidelines also provide for “deviations” or alterations and minimum contribution amounts depending on factors such as parenting time, earning capacity, custody and extraordinary costs particular to the child's situation.
Florida law also provides for alimony or spousal support. There are various types of spousal support that may provide for short-term, long-term or permanent payments from one spouse to the other depending on the circumstances of the marriage and separation. A qualified Florida Divorce attorney can walk you through the various options available under Florida Spousal Support laws.
When it comes to the intricacies of divorce, no amount of tutorial guidance can substitute for the advice of a qualified Florida Divorce attorney. Contact the Law Offices of Justin McMurray, P.A. for a free consultation and to answer any questions you may have regarding your specific divorce proceeding.