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Four Things To Know When Filing For Divorce in Florida
Admin • October 9, 2017
In the United States, marriage and divorce are largely regulated on the state level. Though there are some federal laws and statutes governing marriage, a number of laws and policies vary between states. So, if you are considering filing for divorce in Florida, there are a few intricacies of this state's laws and procedures with which you should be familiar.
Florida Uses the Term "Dissolution of Marriage" To Refer to Divorce
In some states, the term "dissolution of marriage" is used to indicate something different from divorce, or perhaps to refer to a divorce granted under certain circumstances. This is not true in Florida. Rather, the terms "divorce" and "dissolution of marriage" are synonyms under Florida law, and you will see and hear both terms used interchangeably.
Florida is a No-Fault Divorce State
A no-fault divorce is one in which there is no legal burden on either party to prove that the other spouse is guilty of adultery, abuse, or any other act that would end the marriage. Rather, in a no-fault divorce, the two parties just agree that the marriage is irretrievably broken--it's nobody's fault, legally.
Some states issue both no-fault and at-fault divorces, but Florida is not one of them. In Florida, all divorces are considered no-fault divorces, so you do not need to worry about collecting evidence of your spouse's wrongdoings or mistakes.
There is one other situation, in addition to an irretrievably broken marriage, in which divorce is granted in Florida. That is if one of the spouses has been mentally incapacitated for at least three years. In this case, the spouse of sound mental capacity can seek a divorce with or without the agreement of the incapacitated party.
Florida Uses Equitable Property Distribution
There are two primary ways in which property can be divided after a divorce. Some states are community property states and consider everything acquired during the marriage to be shared property. Other states, like Florida, adhere to a philosophy known as equitable distribution.
Under equitable distribution laws, property is divided in a way that is deemed fair, based on the idea that property can be individually owned by one partner during a marriage. Property is not necessarily just divided down the middle.
For example, if while married, you sold an apartment you acquired before the marriage and used the profits to buy stocks, those stocks may be considered solely your own--and so you'd get to keep them following the divorce. On the other hand, if your mother gave both you and your spouse a home to live in, that house would be considered joint property and its value could be divided.
Dividing property during a Florida divorce can be a drawn-out process because of the many factors the judge must consider under equitable distribution laws. You can avoid a lot of hassle by working through the division of property on your own, under the guidance of your attorneys, before your case makes it into court. The judge will only have to make the decision if you cannot agree.
Florida Awards Alimony Only in Certain Circumstances
Unlike in some states where alimony is awarded by default, Floridian judges consider many factors to determine whether one spouse deserves alimony support. These factors include the length of the marriage, each partner's educational and employment history, and the amount of debt incurred during the marriage.
In Florida, alimony can generally be terminated if the spouse receiving alimony begins to cohabitate with another partner. So, for example, if you begin paying alimony to your spouse but then find out that they have moved in with a partner, you can appeal to the courts to have your alimony terminated. (You cannot simply stop paying without an official repeal of your alimony requirements.)
If you are considering filing for divorce in Florida and have additional questions about the process, contact The Law Office Of Gerald Wilkerson PA. It's never too early to seek legal counsel and learn about your options.
Marriage is a partnership that requires a serious commitment. In many cases, marriage is a wonderful and pleasant partnership. Unfortunately, around half of all marriages in the United States end in divorce. The dissolution of a marriage can be physically, emotionally and financially disturbing, but divorce may be a smart option for some couples. If children are involved, moving through the divorce process can be a bit more difficult. From child support to custody agreements, it is easy to see how going through a divorce involving children could be very stressful. Fortunately, you can reduce the overwhelming challenges of a custody agreement during your divorce proceedings. With the help of your legal team , you can avoid these costly mistakes people make during custody battles.
Question: What are the steps to take to protect your paternal rights if you believe that a woman is carrying your child, or if you believe a woman gave birth to your child? Answer: If you are an unmarried biological father, or suspect that a female may be carrying your child, you should take the following steps to protect your paternal rights, and to prevent the Mother from allowing someone else to adopt the child: A) The first thing you should do is to register with the Florida Putative Father Registry. You can find that by clicking this link: http://www.doh.state.fl.us/planning_eval/vital_statistics/putative.htm
If you have a child you suspect may not be yours, do not do anything else until you read Florida Statute §742.18. http://www.flsenate.gov/Laws/Statutes/2013/742.18 . By Florida Law if a child is conceived during an intact marriage, then the child is presumed to be legitimate. This means that the Husband and Wife are presumed to be the child's legal parents. The operative word here is "intact". If the couple is separated, such as in the case of a married couple after a divorce petition is filed, then this is not considered to be an "intact" marriage. If under this scenario, the Wife gets pregnant by a man other than the Husband, then the biological father in that case would have legal standing to bring a paternity action.