Understanding Florida’s Divorce Laws

Understanding Florida’s Divorce Laws

gavel and home

Getting divorced can be one of the worst moments of your life, however, at times, it may be the only feasible option. Once you have decided to separate from your spouse legally, it’s important to understand and follow Florida’s divorce laws for separation.

With The Law Offices of Jonny Kousa, P.L.’s legal help and support, you can get a better understanding of Florida’s divorce guidelines so you can move on with your life as smoothly as possible. We will complete the legal formalities on your behalf and ensure that rights are protected.

What are the Requirements for a Divorce in Florida?

Florida requires that at least one spouse must have lived in Florida for at least six months prior to filing with the court. The court will consider your case if you are a military member living in the state but working outside the state. You are also required to file your divorce case in the same county within Florida, where one of the spouses lives.

Grounds For Divorce

To obtain a divorce in Florida, you do not have to provide grounds, or reasons for the divorce. Instead, the law allows either or both partners to file for divorce stating that the union is irreversibly broken. This simply means that the couple can no longer get along. However, fault may be considered when the court tries to determine alimony and child custody payment amounts.

Types of Divorce

There are two main ways to dissolve a marriage, including simplified dissolution of marriage and regular dissolution of marriage.

Florida accepts the simplified dissolution of marriage as a quicker and easier way to issue divorce to the involved parties. As the term suggests, a simplified divorce happens when both parties amicably agree to separate without either party seeking alimony. The two spouses shouldn’t have minors depending on them, and they should have agreed on the division of assets and debts. There rarely is drama and disputes in these kinds of arrangements.

As most divorces get messy, most cases fall under this category, where the law has to intervene. It’s often the option when couples don’t agree or agree on things, but issues such as child support and alimony force them to go to court for approval. In either case, it is recommended that you have an experienced lawyer to guide and represent you.

Division of Assets

Divorce is not only about the separation of spouses, but also about other factors, like property division. In Florida, assets are split through equitable distribution, which means the assets and property are required to be divided fairly rather than equally. In cases where you and your partner disagree, the court will have to examine your property and how you both accrued it and determine how the assets and debts will be divided.

Spousal Assistance

Apart from property division, alimony is an important part of the divorce. While there is no formula to calculate alimony, it is based on the spouse’s need and the other spouse’s ability to pay. Moreover, it is also important to note that alimony is not awarded in every case. The court will consider factors such as your spouse’s ability to pay for alimony, the length of the marriage, the living standards sustained during the union, and other necessary justifications that warrant the need to be granted alimony.

We’re Here For You

No two divorce cases are the same. With a thorough understanding of the law, our experienced and skilled Coconut Creek divorce lawyers can make sure your divorce is as peaceful and smooth as possible. Never hesitate to contact us if you are in need of assistance.

Call The Law Offices of Jonny Kousa, P.L. today at (954) 626-8071 to discuss how our team can help you during this difficult time.

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