According to an estimation of USA Daily, there were 1.4 million divorce cases filed in the USA costing upwardly $28 billion dollars.
In Florida State the court follows a liberal family and divorce laws. Divorce laws of Florida have constituted no-fault divorce laws to help couples with peacefully settling their issues and bailing out. Florida has 5.4% per 1,000 population divorce rate. This makes it 6th highest in the nation.Annulment is not a popular option with the people of this state. The reason being it is a difficult process to be carried out and thus rarely seen in practice.
Divorce Grounds in Florida
Each state has its own divorce grounds. You need to have a solid and valid divorce ground to file for a divorce decree in the court. Following are the legitimate divorce grounds in Florida:
Mental Incapacity of One of the Parties
If your spouse is mentally unfit and his incapability is somehow affecting your married life, you can file for divorce under this divorce ground in Florida.
Irretrievable breakdown of the marriage stands for a marital relationship’s breakdown beyond any prospect of reconciliation. You and your spouse can obtain a divorce if so is the case under this divorce ground in Florida.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Florida.
Florida Divorce Laws
Florida has following divorce laws:
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.
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
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.
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.
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.
Florida Annulment Laws
Marriages can be legally terminated either by divorce or by annulment. Divorce is the decree for the dissolution of a marriage, while annulment is a court’s order that the marriage is void and never took place. Under Florida annulment laws, following are the grounds for annulment in the state:
Florida annulment laws strictly restrict the marriages of children who are under 18 years of age without the consent of parents, guardians or court. Such marriages can be annulled.
Marriage Under the Influence of Alcohol or Drugs
It is a globally accepted fact that a person loses his/her mental and physical abilities while s/he is under the influence of drugs or alcohol. If you or your partner were under the influence of drugs when you got married, you can file for annulment under Florida annulment laws.
If either you or your spouse has some physical disability which is adversely affecting your sexual life, both you and your spouse can claim a Florida annulment.
Fraud and Duress
If you have been cheated or forced into a marriage, you are entitled to get an annulment under the Florida annulment laws.
Mental incapacitation is a ground for annulment under the Florida annulment laws. You can file for annulment if you do not want to live with a spouse who is insane, partial or complete.
Florida Divorce Laws Frequently Asked Questions
- How long must I have lived in Florida to be able to divorce my spouse?
Under the Florida divorce law you are required to be a resident of Florida for at least either 6 months or 180 days (whichever is longer) at the time of filing of divorce.
- Can I file for divorce if my spouse lives in another State?
Yes, you can still file for divorce even if your spouse doesn’t reside in the same state but, there will be complications due to this.
- What kind of complications?
The divorce process gets complicated due to two different reasons. Firstly, the spouse you are filing a divorce against doesn’t reside in the same state which causes an added expense. Secondly, under the Florida divorce law you must serve divorce papers to your spouse. This adds more time to the divorces process.
- How long will it take for me to be rid of my spouse?
That really depends on your spouse and what issues need to be settled by the court. Simple cases simply take a few months but the more complex divorce cases take more time.
- What is the filing fee for divorce in the State of Florida?
The filing fee is dependent on the county of Florida that you have residence of.
- How do divorce attorneys in the State of Florida charge their clients?
Florida divorce lawyers nominally charge their clients on a per hour basis.
- How much will I have to pay for hiring the services of a Florida divorce lawyer?
That really depends on the per hour rate that you are able to settle with the Florida divorce lawyer and the time it takes for the divorce to be granted. You could negotiate a fair set fee as well if you have exceptional negotiating skills.
- If I represent myself in court, will I save money?
Most probably not, you will end up with an unreasonable divorce settlement that will burden you for many years to come.
- My spouse and I are short on money, can we both share the same Florida divorce lawyer in court?
No, you can’t share the same Florida divorce lawyer in court and must be separately represented in court. The same Florida divorce lawyer can prepare your divorce papers.
- Are common laws legally recognized in Florida?
No, the State of Florida doesn’t legally recognize common laws.
- Is Florida a No-Fault State?
Yes, Florida is a no fault State. In the State of Florida you only need to file a petition claiming that the marriage has been irretrievably broken.