What You Need to Know Before Filing for a Florida Divorce

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Most individuals are not experienced in the legal aspects of the divorce process. Even if you have been through a divorce before, each couple’s circumstances are entirely different and unique from the next. This can leave many individuals confused and stressed about where to begin.

To help prevent some confusion, we want to arm you with the information needed to make this process easier and provide you with comfort and clarity. Each state has its own rules for divorce proceedings and other family law matters.

Below, we discuss some things you need to know before filing for a divorce in the Sunshine State.

Florida Residency Is Required

You cannot just walk into a Florida court and get a divorce. In order to successfully file divorce papers, either you or your spouse must be a legal resident of Florida for at least six months.

The only exception to this rule is if one of you is a member of the U.S. Armed Forces. For instance, if you and your spouse have been stationed on a base in Florida, your location is enough to establish legal residency in the state and you are allowed to file for divorce here.

All Claims Need to be Documented

In times of divorce, obtaining the best outcome for you and your family means assembling the right documents to prove all your claims related to property division, child support, custody arrangements, alimony, and more. Such pieces of documents could include:

  • Pay stubs

  • Bank statements

  • Tax returns

  • Your child’s school and medical records

  • Testimonies of friends and family members

This process can be challenging, especially if you are not familiar with local familiar law courts and the types of evidence that can work in your favor. It’s recommended that you hire an attorney to help you with this process. An experienced divorce attorney will make sure you don’t leave anything on the table or miss any important details that are needed for a successful outcome for your family.

Certain Assets Are Considered Marital Property

The state of Florida defines marital property as anything that you and your spouse accrued together during the course of your marriage. It does not matter whose name is on the title. Any marital property is subject to equitable division of the assets.

Essentially, this means that Florida courts will divide up the assets equally. This may not mean 50/50 division, but it is meant to ensure that both spouses are treated fairly and walk away with a similar amount of marital estate. Non-marital assets are generally kept with whomever they belonged to prior to the marriage.

Legal Separation Is Not Allowed in Florida

Some states in the U.S. allow couples to legally separate, meaning that they can agree on property division, support payments, and custody arrangements without having to go through the entire legal process of a divorce. Florida, however, is one of six states that does not allow for this kind of legal separation.

How a Divorce Attorney Can Assist You

Nothing is more important than those you love. At The Law Offices of Jonny Kousa, our mission is to help families in Florida obtain the best possible outcome. You will work directly with our founding attorney, Jonny Kousa, who will guide you seamlessly through the legal process.

Whether you need help with a divorce or a variety of family law matters, such as child support, custody arrangements, or alimony, we are here to be your legal advocates so you can focus on healing together with your family.

Contact The Law Offices of Jonny Kousa at (954) 626-8071 to schedule your free consultation. If you are social distancing amid COVID-19, we are offering virtual consultations and remote legal services to new and existing clients.