Florida is a no fault divorce state. This means grounds are not required in order for a divorce (sometimes called “dissolution of marriage”) to be granted. A couple can divorce simply because they no longer wish to be married and can show their marriage is irretrievably broken.
Couples who wish to divorce in Florida must prove two things:
- their marriage exists and is legal
- at least one of the two has been a Florida resident for at least six months prior to filing the divorce petition
Florida allows for both contested and uncontested divorces. In uncontested divorces, both couples agree the marriage should end. They also agree on the variety of decisions that must be made to end the marriage.
A contested divorce involves disagreement on issues stemming from the decision to divorce. It is more complicated than an uncontested divorce and takes more time and effort to complete.
Despite Florida being a no-fault state, there are some situations in which fault might be considered when it comes to decisions about alimony, equitable distribution of marital assets and liabilities, and parental responsibility. A divorce attorney can explain to you why fault might matter in your divorce.
Should You Hire a Florida Divorce Attorney?
Every divorce is unique, but all require couples to make decisions about their future. For instance, dividing property and possessions, and determining where the children in the family will live post-divorce are common issues.
In some cases, especially in contested divorces, these decisions are stressful and cause a great deal of strife. Ultimately, as a divorcing spouse, you should make the decisions that are in the best interest of you and your family.
Divorce is not only emotional and traumatic for everyone involved, it can also be a complicated legal process. This is why it is important to seek legal advice from an experienced divorce attorney and follow that specific advice strictly. He/she can guide you through the process. They can ensure your best interest, as well as that of your children, comes first. Your attorney will also make sure deadlines and court rules are followed. This avoids the loss of rights or delay in the processing of your divorce. Finally, a divorce lawyer will analyze the details of your situation and answer questions about your rights and responsibilities.
If you are considering divorce in Florida, or your spouse has served you with divorce papers, the first thing you should do is contact an experienced attorney. Even if your divorce is uncontested and seems relatively uncomplicated, it is important you protect your rights.
To learn more about divorce in Florida or to schedule a consultation with an attorney, contact The Law Offices of Robert M. Geller at (813) 405-1509 or use the online contact form.
