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Florida Divorce Laws Explained

Posted on : January 4, 2021
Tampa Divorce Filing

Understanding Florida Divorce Law

If you are going through a separation in Florida and think that divorce proceedings will be necessary, then you will want to ensure that you have a full understanding of the process so that it goes as smoothly as possible. Florida divorce laws may be different from laws in other states, so it makes sense to find out as much as you can about these laws and how they apply to your circumstances.

No-Fault Needed

In Florida, you do not need to prove that anyone was at fault for the marriage breaking down, just that a breakdown has occurred and the marriage is irretrievably broken. This can make things easier if no one really is at fault for the marriage coming to an end. Florida divorce laws do allow for blame to be allocated if it is necessary, so this is still an option for you if your spouse’s behavior is to blame for the breakdown of the marriage.

Residency Requirements

Either you or the other party will need to have been a resident of Florida for at least six months before a divorce can be granted in this state.

However, if your spouse has minimum ties to Florida, getting a divorce with that spouse may be more difficult depending on the contacts that spouse has with Florida and you should contact an experienced Florida divorce attorney to find out if the out-of-state spouse has sufficient minimum ties to Florida.

Post-Nuptial Agreements Are Recognized

A Settlement Agreement is not recognized in Florida although a post-nuptial agreement is.  There are three main ways a divorce can be accomplished in Florida:  First, a divorce in Florida can be simple and straight forward by agreeing to the terms and filing an uncontested divorce.  To avoid expensive trial expenses, parties can also engage in a collaborative law process in which both parties have an attorney and they work together to amicably resolve their case outside of court.  Third, a divorce can be handled with a trial.  If a portion of the case is settled in mediation, even if the case is filed as an uncontested divorce case, the judge can decide the remainder of the issues.

Financial Disclosure Is Necessary

Florida divorce laws require both parties to produce financial documents relating to any financial and non-financial assets and liabilities and the initial determines if the property is marital or non-marital. Interrogatories and depositions are also often requested by the opposing spouse. Divorce cases require many deadlines which is why it is important to hire an experienced divorce attorney familiar with the procedural rules in the county hearing you case.

Experience Matters

Many law firms assign associate attorneys or other attorneys than the attorney you think you’re hiring to handle your case.

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