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 the 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 courtâ€Ã¢â€žÂ¢s responsibility to make an
â€Ã…“equitable distributionâ€Ã‚ or fairly distribute the marital and
non-marital property of the spouses. Any property acquired during the marriage
is considered marital property, regardless of whoâ€Ã¢â€žÂ¢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
partiesâ€Ã¢â€žÂ¢ 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 spouseâ€Ã¢â€žÂ¢s contributions, both monetary and not,
special equity claims, etc. It is left to the courtâ€Ã¢â€žÂ¢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 an 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.