What are the Different Types of Divorce in South Florida?
When deciding to pursue a
divorce, it is essential to remember that you have several different options.
There are more options than just one avenue of divorce. Our divorce lawyer in Broward County can explain the various methods available
to you and explore the one most suited to your needs.
There are four types of divorce cases we handle:
- Simplified divorce
- Uncontested divorce
- Contested divorce
- Collaborative divorce
What Are the Grounds for Divorce in Florida?
In
Florida, you do not need to prove that your spouse is at fault for the end of your marriage.
Florida is a “no-fault state,” so you only need to claim that the marriage is irretrievably
broken or has deteriorated to a point where there is no chance for the two of you
to reconcile and get back together.
The fault may be considered in
divorce cases
such as custody or alimony. For example, if a spouse has had a history of alcoholism,
the Broward County courts can consider that spouse to be irresponsible. As a result,
they may not receive the
custody
or alimony arrangement they desire.
Remember that before a
judge can finalize your divorce, you must have met minimum residency requirements. In addition, at least one spouse
must have been a continuous resident of the state of Florida for at least six months.
You can show your state ID, driver’s license card, a voter registration card or
provide
a testimonial witness, as examples.
Source: Fla. Stat. § 61.001-61.45
Is Residency Required to Get a Divorce in Florida?
You cannot just walk into a Florida court and
get a divorce. In order to successfully file divorce papers,
Florida law § 61.021
requires that either
you or your spouse 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 in a Florida base, your
location is enough to establish legal residency in the state, and you are allowed
to file for
divorce here.
Before the court will take your
divorce case, you must prove your residency through concrete evidence. Failure to do so may result in your
divorce case
being dismissed.
How to Prove Residency
To establish your proof of residency, you can do so through two methods:
- Proving your actual physical presence within state lines
- Proving your intentions of moving to Florida for primary residence
Keep in mind, you are permitted to move in and out of the state as you please during
your 6 month requirement, as long as
Florida remains your primary residency. Vacationing from a different state would not hold up in court.
Proving that you had intentions of moving can be done via:
- Proof of lease or home purchase in the state
- Proof of permanent employment in the state
- Obtaining a valid Florida driver's license
- Filing your taxes within the state of Florida
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 unfamiliar with local law
courts and the types of evidence that can work in your favor. Therefore, it’s recommended
that you hire a family law attorney to help you with this process. Our experienced
divorce attorney in Broward County, FL, will ensure you don’t leave anything on
the
table or miss any essential details needed for a successful outcome for your family.
What Can I Do if My Spouse is Contesting the Divorce?
A contested
divorce
can be more stressful and challenging to navigate, so hiring our divorce lawyer in
Broward County, FL, is critical. We can guide you through the complex process.
What is a Collaborative Divorce?
A collaborative divorce keeps your matters out of the courtroom. Instead, you and
your spouse each retain your family law attorney and work towards an amicable agreement.
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.
Do I Need A Divorce Lawyer?
It can be excruciating to cope with both the internal pain and the worries of how
life will go on following a breakup while marriage ends. Additional questions arise
as a result of the legal rules governing
divorce. Many people have questions like "do I need a divorce lawyer to apply for divorce?"
and "what can a divorce lawyer support me with?"
You are talking with a knowledgeable divorce lawyer about legal rights and how the
divorce process works will alleviate some uncertainty. A divorce lawyer will also
help you defend your rights and desires, particularly if you and your spouse cannot
agree on handling your
divorce settlement.
Sometimes, the market "easy" or "cheap" do-it-yourself divorces result in a settlement
deal you may not wholly comprehend.
Divorce
arrangements and parental proposals can be complicated and costly to alter until
the divorce is complete. You'll have to find a family law lawyer if you've committed
to anything unknowingly.
It's their duty to clarify what the legal forms entail before you sign them, but
hiring a competent family law attorney early on will help guarantee that you don't
commit to something you don't understand.
Is Legal Separation Allowed in Florida?
Some states in the U.S. allow couples to separate legally, meaning 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.
