What Florida Residents Need To Know About Divorce
There are a few things you need to be aware of when you are planning to file for divorce in order to make the whole process smooth and to save time and money. Florida residents who are considering divorce need to know and understand the following things about divorce:
Florida Divorce Requirements
If you are planning to file for divorce in Florida, you or your spouse must have been a resident of the state for at least 6 months. You or your spouse could also be a member of an armed force stationed in the state. You and your spouse can mutually agree to end the divorce. This decision has to be in writing.
Beginning the Divorce Process
Divorce, also called dissolution of marriage, legally begins when you or your spouse file the “Petition for Dissolution of Marriage.” This has to be filed with the Family Department of the local circuit court and the paperwork will be served to the other spouse. The spouse will be given time to respond. If both parties can agree to issues like division of property, child support, alimony etc., then the divorce can be finalized, otherwise the process of a contested divorce will start.
Marital assets refer to any assets and debts that are accumulated during the marriage. In a divorce, the marital assets have to be divided fairly or equitably. However, any non-marital assets are kept separate and are not divided.
Division of Marital Property
Assets are divided equally in divorce cases, but that is not the case with distribution of marital property. Different factors can result in the unequal distribution of marital property, especially if there are children involved.
After divorce, a spouse may have to continue providing financial support to the other spouse depending on the age and physical condition of each spouse, the length of their marriage etc. This is similar to the obligation spouses have to support each other financially during marriage.
Child Support & Custody
Child custody battles are an integral part of divorce cases that involve children. Courts usually grant shared custody and the court will take decisions which are in the best interests of the child. The non-custodial parent also has the responsibility to support the custodial parent through child support. When parents cannot come to an agreement on the custody of the child as well as child support, then the court will make a decision which is in the best interest of the child and will help in proper upbringing of the child.
Documents Needed to File for Divorce
The court will demand several documents such as the tax returns, bank statements, mortgage documents, and any other financial information in order to know what assets each spouse has and how will they be divided in a divorce. So if you plan to file for divorce, make sure you have all these documents ready before filing. The court will also take a look at the household budget in order to determine how much spousal support will have to be paid and by which spouse.
Any debts incurred before the marriage are not divided in a divorce. These debts include educational debt. Any mortgages may have to be split between the spouses after divorce.
Talk to a divorce attorney to understand the different aspects of a divorce and to understand how to handle them properly.
Divorce is a huge hardship as it is, but we can make it easier for you. The Lancaster Divorce Lawyer strive to make the divorce process as smooth and hassle-free as possible for everyone. Our Lancaster divorce lawyers will work day and night to make sure that everyone is treated with respect and is satisfied with the outcome.