Florida has following divorce laws:
Residency
Residency requirements for the court must be met for those who want to file divorce in Florida. In case the court finds out that the condition is not met, the case shall eventually be dismissed. The requirements are:
- Before the filing of the petition one of the parties to the marriage must reside 6 months in Florida.
Documents Required to File Divorce
Florida divorce laws have defined these essential documents needed to dissolve a marriage. These include:
- Petition for Dissolution of Marriage and
- Final Judgment of Dissolution of Marriage
There are some other documents that may be required as well, some of these are:
- Marital Settlement Agreement Family Law Financial Affidavit
- Affidavit of Corroborating Witness
- Final Disposition Form.
Distribution of Property
As Florida divorce laws encourage "equitable distribution", the marital property is divided in an equitable (fair) manner. If the spouses can settle down the property and debt issues, commendable else the court is the final authority to declare the property award.
Change of Name or Restoration of Name
A spouse can change the name upon petition from the court of the state in which he or she resides.
Mediation Counseling
According to the Florida divorce laws, Florida State provides mediation counseling. The divorce process may be delayed for up to 3 months so that any reconciliation may occur. Couples are usually ordered to attend mediation sessions:
- If the children involved are minor, or
- If one of the spouses denies that the marriage is irretrievably broken
Alimony
According to Florida divorce laws, alimony may be awarded to either party, which may differ in nature. In this situation the court may order periodic payments or payments in lump sum or both. The court may consider adultery of either spouse or also the circumstances thereof in determining the amount of alimony, if any, to be awarded.
Child Custody
When small children are involved, Florida divorce laws are in favor of extreme care when handling child custody issue. It is of supreme importance to take all possible measures to decrease the emotional trauma that the child may experience. In case both the spouses are unable to settle this issue, the court declares its own decision.
Child Support
Florida divorce laws mainly consider the Income Shares Model to consider child support issue. The monthly support amount is determined by applying these strategies, which is then divided proportionally according to the income of each parent. These two amounts are then offset to establish which parent has to pay the other, for support of the child.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
