To be Divorced in Florida:
- The parties must be legally married
- At least one spouse must have lived in the state of Florida for at least six (6) months before filing for divorce, and
- The marriage must be “irretrievably broken” with no possibility of reconciliation, or one of the parties must be mentally incapacitated.
Florida is a no-fault state, which means that neither party has to provide the court with a reason for the divorce. However, the court may take adultery into consideration when it comes to property division if a spouse has intentionally dissipated, depleted, or wasted marital assets.
Generally speaking, an asset or a debt obtained during the marriage is marital property and must be distributed between the parties. However, there are exceptions that may apply. The parties must exchange all relevant financial information and other required documents so that all assets may be identified and valued. It is through this process that each party’s income is determined for the calculation of alimony and child support, if applicable. The case is then resolved either through mediation, where the parties may privately agree to the terms of their divorce, or through trial, where a judge makes the final decision on the distribution of assets and debts, alimony, child support, time-sharing/parenting plan, and other issues, if any.
At CG Family Law, P.A., we understand that filing for divorce may be one of the hardest decisions you’ve ever made. We are compassionate and mindful of the family’s emotional needs during the divorce process, and we do everything we can to work toward a settlement, or a court ruling, that best serves you. Contact us for a free consultation.