While the act of getting married in Florida is easy, exciting, and painless, getting divorced can be anything but. You do not need to navigate this emotional and often contentious process alone. Our skilled divorce attorneys are here to guide you every step of the way. Whether you are just starting to consider filing a Florida divorce or beyond ready for legal guidance, let Chaykin Law Group help you during this important time.
Florida Divorce Requirements
Officially known as a “dissolution of marriage,” the state of Florida is a “no-fault” divorce state. This just means that neither party needs to show the divorce is the other party’s “fault.” There is no need to show a fault by one party to the divorce in order for your divorce to be granted. When filing for a Florida divorce, here are some basic requirements:
One party to the marriage must be a resident of the state of Florida for at least six months prior to the date of filing.
• Reason for Divorce:
Because the state of Florida is a “no-fault divorce” state, you only need to allege that your marriage is irretrievably broken. This just means that there is nothing that can be done to fix your marriage. Another basis for a Florida divorce is rarely alleged, but possible: the mental incapacity of one of the parties.
Some of the common issues in a regular Florida divorce include important things like:
Alimony: Either party can request spousal support, which will be paid in the form of lump sum or regular periodic payments, or both. There are four basic types of Florida alimony: bridge-the-gap, rehabilitative, permanent and durational. Alimony can be modifiable.
You can also seek payment in a lump-sum.
Child Support: Child support is statutorily regulated, and set by the Child Support Guidelines Worksheet. Child support is calculated by looking at the respective incomes of the parents, timesharing or custody schedule, and other credits, such as health insurance, uncovered medical care, and day care.
Parenting Plans: If minor children are involved in a dissolution of marriage, the best interests of the children are considered to determine child custody or time-sharing, including regular timesharing schedules and holiday timesharing. These plans are modifiable.
Property Division or Equitable Distribution: Who gets what? Marital debts or liabilities and marital assets are determined, valued, and distributed. Houses, cars, bank accounts, and everything in between may be separated in a divorce.
Name Change: If you are wishing to go back to or restore your maiden name, this is something that can be granted within the divorce.
Types of Florida Divorces
Simplified Dissolution of Marriage:
As the name “simplified” implies, a simplified divorce in Florida is one that is quick and “simple.” Only spouses that meet all of the below requirements qualify for a simplified dissolution of marriage:
o Both parties agree to this type of divorce and agree the marriage is irretrievably broken
o The parties do not share any minor or dependent children
o Neither party is pregnant
o Neither party is seeking alimony
o At least one party has resided in Florida for 6 months (Florida residency for divorce)
o The parties agree to the division of assets and liabilities or debts
Even if “simpler” than a regular divorce, you will still greatly benefit from the assistance of a divorce lawyer for a simplified divorce. Only a Florida lawyer can advise you as to your rights regarding a Florida divorce. From whether assets or debts are marital or non-marital, to what type and amount of alimony you are potentially waiving now and in the future, there are so many issues with which a skilled Florida divorce lawyer may help you. Without knowing your rights, you do not know what you are potentially waiving. Moreover, we often see errors on the paperwork and court appearances that prolong the case unnecessarily.
How long will my divorce take?
Your divorce is as unique as your marriage, and can get complicated, fast. Having an experienced Florida divorce lawyer on your side is invaluable. The timeline and type of your divorce really depends on the nature of your relationship with your soon-to-be ex as well as other factors, such as finances, children, and more. For a contested Petition, once the Florida petition for dissolution of marriage is filed, the process begins by granting the other party (the one getting served the divorce papers) 20 days to respond.
Chaykin Law Group- Florida Divorce Lawyers
Looking for the best divorce lawyer? Yes, “best” is a relative term when it comes to lawyers. At Chaykin Law Group we promise you that you will have a team of dedicated and highly accomplished family law and divorce lawyers that will zealously represent you to obtain the best possible results—whether via negotiated settlement or a contested trial. Schedule your initial consultation now. We know filing for a divorce can be a difficult process, but we believe we make hiring and working with dedicated lawyers an easy one!