Although the divorce rate has decreased in last few years, 45% of all marriages will still end in divorce.
If you live in Florida and are considering getting a divorce, you most likely have plenty of questions about the Florida legal system. What are the laws in Florida with regards to filing for divorce, dividing assets, and determining child custody?
We’ll be answering these important questions and more, so keep reading below for a summary of Florida divorce law.
Who Has the Right to File for Divorce?
One of the two parties must have lived in Florida for at least six months before filing for divorce. They must file in the area where one of the two parties resides.
The one exception is active duty military members who live in Florida but are temporarily stationed out of the state.
What Reasons Are Acceptable?
Florida is a no-fault divorce state, which means you do not need to produce evidence of infidelity or any other specific reason. The only thing you should state is that your marriage is “irreparable” and beyond repair.
If your partner is mentally incapacitated for three years or more, this is also an appropriate reason for filing for divorce.
How Does the Florida Divorce Process Work?
One of the two parties will file a form known as a “Request for Dissolution of Marriage.” The spouse who submits this form becomes the applicant, while the other spouse becomes the respondent.
The applicant provides divorce papers to the defendant, who then needs to file another form called the “Answer and Release of Service”. This form must be notarized prior to submission. If the respondent refuses to accept the papers from the applicant, the county sheriff will provide them with the papers.
If you and your spouse qualify for simplified marriage dissolution, you don’t need to hire an lawyer or provide financial disclosures. This is just possible if you don’t have any young kids, neither party is seeking alimony, and you can agree on how to divide your debts and assets.
What About Child Care & Benefits?
In the state of Florida, marital property must have a fair distribution. The court will evaluate each partner’s contribution to the marriage, including managing the household and raising kids. The court will also evaluate each parent’s fitness and financial situation in terms of granting child custody, child support, and alimony.
Florida divorce law continuously changing with regards to perks. For example, a new law in 2022 could remove fixed alimony and eliminate the ability of courts to consider extramarital affairs when determining alimony amounts.
It is at all times wise to seek the guidance of a legal professional so that you’re informed about the latest laws.
Florida Divorce Law 101: Class Dismissed
In terms of divorce, these are the relevant Florida laws you should know about. It’s also good to remember that Florida laws are subject to change, so make sure to be up to date with the latest laws that may affect your divorce.
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