Lifelong happiness is the goal of marriage. Sunshine and pleasure define Florida. So, Florida weddings must be successful, right? Unfortunately, they’re not. Marriage vows seldom stay forever. For many marriages, communication breakdown and hostility are inevitable.
Florida has had a high divorce rate recently. The divorce rate in Florida was 3.4%. Florida ranks 6th in divorce. A Florida uncontested divorce is tougher than you believe. Family law involves child custody, alimony, etc.
If you want to divorce in Florida, know these ten things.
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Residency Requirements
Residents of Florida must live there for six months before applying for divorce.
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No-Fault Divorce
Florida does not impose blame in divorces. This eliminates the need to establish blame for marital issues. Simply claiming irreconcilable disagreements is enough. A spouse does not need to prove infidelity or domestic abuse to divorce. Uncontested divorces are possible if you both agree on the conditions. The divorce procedure is simplified and non-litigious. However, all conditions must be agreed upon to qualify.
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No Jury
All Florida family law cases are bench trials. No jury decides the divorce case; only the judge does.
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Alimony
Even after divorce, partners must financially support one other. Alimony is paid to an aggrieved or economically disadvantaged spouse. Only well-grounded alimony requests are allowed in Florida. Florida courts only award alimony if one spouse needs it and the other can afford it. Florida courts evaluate the length of the marriage, the style of living, and each spouse’s age and health.
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Duration of Marriage
Alimony is affected by marital duration.
- A marriage lasting fewer than seven years is considered short-term.
- A marriage lasting 7-17 years is considered moderate-term.
- A marriage of 17 years is long-term.
Lengthier marriages usually demand lengthier alimony following divorce.
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Division Of Property
Florida law distributes marital property fairly. The court finds both parties have equal rights and duties to assets and liabilities from the marriage. The judge will weigh all criteria while dividing marital property. For instance, the court will evaluate each spouse’s contributions, finances, and marital duration.
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Child Custody
A court-issued parenting plan includes timesharing and custody. Child’s best interests will guide court custody decisions. The court will usually order joint custody unless it may harm the kid.
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Retirement Plans
One or both couples may have invested in an IRA, 401(k), or other retirement plans. All these investments earned during the marriage are regarded as marital property in Florida. The court will often split the accounts evenly between the couples. Until they are co-mingled, investments earned before marriage are considered distinct property.
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Affidavit
Florida Family Court requires spouses to file an affidavit with all financial records, tax filings, insurance papers, etc. This information determines alimony and daycare costs.
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Tax Returns
Divorce affects Florida tax filing. All divorce-related alimony, child care, and property transactions may influence income tax filing.
A lot of stress and work is involved in the Florida divorce procedure. Engage a Divorce & Mediation Law Firm with experience with divorce cases.