Divorce
Florida is a "no-fault" Divorce state, which means that it is not necessary
for a party to prove that the other spouse did anything wrong, such as being
unfaithful, in order for a court to grant the dissolution of marriage. Courts
are authorized to grant a dissolution of marriage even if one of the
spouses does not want or consent to it.
To obtain a divorce in Florida
one of the parties to the marriage must have been a resident of Florida
for six (6) months prior to filing the Petition for Dissolution of Marriage and
the marriage must be irretrievably broken.
There are two procedures for
obtaining a divorce in Florida: contested and uncontested. A contested
dissolution is a slower process, also known as a
litigated divorce. Attorneys are usually required since the parties are
not in agreement. In this type of proceeding, the parties dispute issues
such as property distribution, alimony, and child custody. If the parties fail
to agree whether through mediation or on their own terms, on all of their
divorce issues, the case will go to trial before a judge and it is the judge
that settles whatever disputes remain. An uncontested
dissolution is a faster process designed for parties that have agreed
on all issues regarding the distribution of their property and custody,
visitation, support, etc., and the wife is not pregnant.
Division of Property
In Florida, it is the court's responsibility to make an equitable
distribution or fairly distribute the marital and non-marital property of the
spouses. Any property acquired during the marriage is considered marital
property, regardless of who's name the property is titled in. Any property
owned before the marriage is considered non-marital property and belongs to the
party who owned it before the marriage.
The courts ultimate goal is to
fairly distribute the parties' property and this may not necessarily be in equal
shares. Courts look at several factors to determine how to divide marital
property, such as each spouse's contributions, both monetary and not, special
equity claims, etc. It is left to the court's discretion how it arrives at
its decision, but if an unequal distribution is made, the court must provide a
justification for the deviation. A property settlement is final and not
modifiable and can only be overturned in rare cases.
If you have any
questions regarding Divorce or Division of Property, please do not hesitate to
contact our office so that we may advise you regarding your rights and remedies
in filing for a Divorce and with regards to an equitable distribution of
Property.