07 Nov Florida Divorce Process Facts
Florida Divorce Process Essentials
The divorce process is never easy and can take some time getting used to. In the interim, it’s best to know exactly what you are facing to be adequately prepared for what’s to come. Here are a few things to consider when easing into the Florida Divorce Process:
Florida is a “No-Fault” Divorce State
This is important to know. The “no-fault state” designation means the court will not attribute blame to either party unless there are very extenuating circumstances. Either party can file a petition citing “irreconcilable differences” which will get the process underway.
There are different types of Florida Divorce Petitions
There are two major types of divorce for which you can petition:
Simplified Dissolution of Marriage This is a simple, uncontested divorce proceeding where there is usually no property, children or assets to divide. One or both of the parties filing has to have lived in Florida for the past six months as their primary residence. In this instance, the parties are usually on good terms, wish to have a clean break, and there aren’t any children involved, nor property left to be divided amongst the couple.
Standard Dissolution of Marriage (Uncontested or Contested) This type of filing can become a little more complicated, and has three different petitions to choose from: no dependent or minor children, with dependent or minor children, property with no dependents. This type of divorce can get messy, especially if there was adultery involved, the parties are fighting over marital assets or child custody, child support or alimony issues, or there was domestic violence taking place. All of these factors have a bearing on the outcome of the case.
If there are children involved,there are additional requirements of the parents
Timesharing and Parenting Plan — this determines where the minor child or children will live full-time and how much time the other parent will have to spend with the minor. This includes days of the week, overnight, weekends and holidays, etc.. The Parenting Plan addresses major decisions that need to be made on behalf of the child. In Florida, both parties must also take a parenting class and present proof to the court.
It is important to know your rights during any divorce process, and consulting with an attorney would be a step in the right direction. The dissolution process should be taken very seriously, with a goal of having the right counsel to represent your best interests. Complicated divorces can take quite a bit of time, especially if it is contested. Knowing what you are facing is key. Although a no-fault divorce state, there are circumstances where adultery will be taken into account if it has impaired the financial stability of the family. A good attorney will know how to proceed. During a divorce, your best interests should be the priority when working on a viable resolution.