5 Questions About Divorce in Florida
Divorce can be one of the most painful experiences in life. It can also be one of the most confusing. If you’re planning on getting a divorce in Florida, there are several important things that you need to know.
What are some of the most common questions asked about divorce in Florida?
1. What are the Residency Requirements for Divorce in Florida?
To file for divorce in Florida, at least one spouse must have lived in the state for at least six months before filing. There are no exceptions to this rule, so make sure that you meet the residency requirements before you proceed with your divorce.
2. Is Florida a No-Fault Divorce State?
Yes, Florida is a no-fault divorce state. This means that neither spouse has to prove that the other was at fault for the divorce. Instead, you need to show that the marriage is irretrievably broken or that one spouse was incompetent for three years.
3. What Factors Determine Alimony?
When determining alimony in Florida, the court will consider several factors, including:
- Length of the marriage
- Income and earning capacity of each spouse
- Standard of living during the marriage
- Contributions of each spouse to the marriage
Alimony can be awarded to either spouse, depending on the circumstances. Recently, Florida eliminated permanent alimony.
4. What Happens to Property in a Florida Divorce?
Florida is an equitable distribution state. This means that marital property is divided fairly but not necessarily equally.
This includes most assets and debts acquired during the marriage, regardless of whose name is on them. Non-marital property, such as property owned before the marriage or inherited during the marriage, is generally not subject to division.
The following is a Florida Bar resource about marital property distribution in Florida: floridabar.org.
If you are not familiar with divorce laws in Florida, it is important to seek guidance from divorce attorneys in Florida who can help to answer all of these questions and represent you in legal proceeding if necessary.
5. How Long Does the Divorce Process Take in Florida?
The length of the divorce process in Florida can vary depending on several factors, such as the complexity of the case and whether the divorce is contested or uncontested.
Generally, an uncontested divorce takes less time than a contested divorce, but this varies.
Divorce in Florida can be a complicated and emotional process. Understanding the basics can make it easier. Working with an experienced attorney also helps you deal with things better, even when challenges arise.
If you need assistance with divorce issues in Florida, we can help. Contact Geller Family Law at (813) 405-1509.
