Florida is a “No Fault” divorce state, which means that a married person can file for divorce without having to prove that their marriage partner did something wrong. All that must be proved is that a marriage is in place and that one of the marriage partners has been a resident of Florida for at least 6 months prior to filing the petition. Florida does not impose a separation term on couples wishing to dissolve their marriage, which means that a divorcing couple does not need to wait a determined period of time before the court will order the dissolution of marriage.
Uncontested divorces are typically much less expensive than contested divorces, and they are finalized much quicker. For a divorce to proceed uncontested, there are many sensitive issues that must be agreed upon by both marriage partners. If the divorcing couple is not able to reach an agreement on every single aspect of the divorce, it will be considered a contested divorce and a family judge will decide on the issues in court.
The following are some of the most common issues that cause a Florida divorce to be contested:
Division of Property: Florida statutes and laws provide for an equitable distribution of property, which means both the assets and debts should be divided between the spouses fairly, but not necessarily 50/50.
Alimony: After the distribution of the property has been completed, the court may consider ordering alimony to either the husband or wife. Alimony may be awarded for a set amount of time to allow a spouse the time they need to become financially independent, or may be awarded permanently in some cases.
Child Custody: Florida strongly encourages both parents to share the responsibilities of raising their children. The court will create a parenting plan that determines how parents will share the daily responsibilities of raising the children. The parenting plan will also determine which parent the children will live with primarily and the visitation rights of the other parent. Florida law requires both parents to complete a parenting course before the divorce is final.
Child Support: Both parents are equally responsible to financially supporting their children. Child support may be received by direct payment as well as indirect benefits such as health insurance payments or child care costs.
If you are filing for divorce in Broward County or greater South Florida, call Law and Mediation, LLC for a free consultation. We are here to help you.
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