Understanding The Divorce Process In Florida

Though fault can be considered in other areas of the divorce process, it is not a requirement to get a divorce in Florida.

2013-01-31

January 31, 2013 (Press-News.org) Understanding the divorce process in Florida

Each state has its own rules for divorce, and as a result there are a lot of myths about the requirements of filing a divorce. The state of Florida no longer requires fault as a ground for divorce, and therefore the only requirement for a Florida resident to dissolve his or her marriage is to prove the marriage is "irretrievably broken."

In Florida the official term for divorce is "dissolution of marriage," and either spouse may file for dissolution. While Florida is a no-fault state for the purposes of dissolving a marriage, fault may be considered in other areas of the divorce process including equitable distribution of marital assets and liabilities, determination of parental responsibility, and award of alimony.

There are two ways of getting a dissolution or divorce in Florida and both generally require the individual filing for dissolution prove that a marriage exists, one party has been a resident of Florida for six months immediately preceding the filing of the divorce petition, and the marriage is irretrievably broken.

Regular Dissolution of Marriage

The typical method of filing for dissolution of marriage in Florida is through the "regular dissolution of marriage" process. The regular dissolution process starts with filing a petition for dissolution of marriage in the circuit court in the county where the petitioner last lived with his or her spouse or in the county where either spouse resides. As noted above, either spouse may file for dissolution, and the petitioner must allege the marriage is irretrievably broken. Once a petition for dissolution has been filed, the other spouse must file an answer within 20 days of being served. In his or her answer, the other spouse must address the matters contained in the petition and can include additional issues not addressed by the petitioner.

Once the dissolution is in process, the court will require each party to provide financial documents and a financial affidavit within 45 days of when the petition was served. The court may change the requirement of financial documentation, but any case in which finances are at issue will still require the financial affidavit. A child support guidelines document must be filed with the court before or at any child support hearing and cannot be waived.

When divorcing spouses are able to agree on child custody and support, property division and other post-divorce issues, they record the agreement in writing signed by both parties and the written agreement is presented to the court. If the divorcing individuals are not able to reach an agreement on the majority of issues, each party will present its case at trial and a judge will make a final ruling on the contested issues.

Simplified Dissolution of Marriage

A simplified dissolution of marriage is meant to be used in situations where there are few spots of potential contention. Therefore, only certain divorcing individuals may use the simplified dissolution of marriage. Divorcing spouses may use simplified dissolution if:
-They both agree to use the simplified dissolution
-They have no minor children
-The wife is not pregnant
-At least one party lived in Florida for the preceding six months
-Neither party is seeking alimony
-The parties have agreed on division of all property and debts
-Both parties agree the marriage is irretrievably broken

There are substantial differences between regular and simplified dissolution. In a regular dissolution, each party has the right to examine and cross-examine the other as a witness, and each spouse has the ability to obtain documents concerning the other party's financial situation, including information on income, expenses, assets and liabilities, before settlement or trial. In a simplified dissolution there is no right to examine or cross-examine the other spouse, and financial information may only be requested but disclosure is not required.

If you are considering divorce in Florida, contact an experienced family law attorney who can help guide you through the process and protect your rights.

Article provided by Alan R. Burton
Visit us at http://www.alanburtonlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

If You Need Disability Benefits, You May Be In For A Long Wait

2013-01-31

If you need disability benefits, you may be in for a long wait The stress of living with a disability can be overwhelming, but the added stress of dealing with the system to collect Social Security Disability payments can make it even worse. A backlog of cases has significantly increased the amount of time that applicants have to wait to get their benefits approved. Recent reports indicate that applications for Social Security retirement and disability benefits have skyrocketed in recent years. This is likely due to the growing number of baby boomers who are reaching ...

The Division Of A Military Pension In A Divorce

2013-01-31

The division of a military pension in a divorce A married couple with one or both spouses serving in the military can experience special challenges. There are often children involved, and one spouse may have to postpone or forgo education or employment to care for the children full-time while the other spouse is deployed. In addition, frequent moves and the stress of serving in the military can strain even the strongest relationships. In fact, statistics from the Department of Defense show there were almost 30,000 military divorces in 2011, which is the highest rate ...

Federal Regulators Target Debt Collection Companies With Aggressive Tactics

2013-01-31

Federal regulators target debt collection companies with aggressive tactics Harassing phone calls and threats of arrest are practices currently being used by aggressive debt collectors. Many of these tactics are not only rude, but illegal. In an effort to refresh current laws and remind debt collection agencies that creditor harassment will not be tolerated, the Consumer Financial Protection Bureau, or CFPB, is launching a new set of rules to ensure debt collectors are not violating the Fair Debt Collection Practices Act. The regulations are aimed at holding these ...

Recent Report Finds Older Americans Facing Increased Risk Of Foreclosure

2013-01-31

Recent report finds older Americans facing increased risk of foreclosure A new report by the AARP shows that older Americans are facing increased risks of foreclosure. The report, titled Nightmare on Main Street: Older Americans and the Mortgage Market Crisis, was the first of its kind to focus on how the recent difficulties of the housing market is impacting people over the age of 50. The report found that over 600,000 loans for people in this age group were in the process of foreclosure as of December 2011. In addition, over 1.5 million seniors lost their homes ...

Property Division During Divorce

2013-01-31

Property division during divorce People getting a divorce often have concerns about property division. Many couples are able to reach a property division settlement outside of court, and the divorcing spouses sign a settlement agreement that is generally approved by a judge. However, if the parties cannot come to an agreement, a family court judge will decide how to divide the couple's property based on Massachusetts law and will order a property award. Equitable distribution Massachusetts is an equitable distribution state, as distinguished from community property ...

How Are Florida Parenting Plans Determined?

2013-01-31

How Are Florida Parenting Plans Determined? One of the most difficult issues when a relationship breaks down is deciding where a child or the children will live. In the process of working out a parenting plan, each parent will generally have less time with the children. This can be a difficult adjustment. Developing a parenting plan and time-sharing (formerly known as child custody and visitation) agreement needs to account for the children's best interests. The court uses the "best interests of the child" standard when reviewing any agreements or deciding ...

Driving Without A License Is No Joke In North Carolina

2013-01-31

Driving without a license is no joke in North Carolina In late 2012, 11-year-old Steven Dixon was hit by an unlicensed driver while walking to his bus stop in Forsyth County, North Carolina. "I was walking and I heard something go boom... [the car], it hit me and ran over my legs," said Steven. Both of his legs are now in casts. Unfortunately, unlicensed drivers are not uncommon in North Carolina. State Trooper Robert Reavis says he pulls over about one unlicensed driver a day, which is not far from estimates for the entire state. A recent AAA study revealed ...

A Comparison of Chapter 7 and Chapter 13 Bankruptcies

2013-01-31

A comparison of Chapter 7 and Chapter 13 bankruptcies With such a terrible economy, it is no surprise that many people are struggling financially. Unexpected events such as a job loss or sudden illness can cause even the most responsible people to fall behind on their bills. Many people struggling with mounting debt consider the possibility of filing bankruptcy. Whether bankruptcy is right for you will depend on your specific situation. Chapter 7 bankruptcy The most common types of bankruptcy filed by individuals are Chapter 7 bankruptcy and Chapter 13 bankruptcy. ...

Money Raised at Pet Expo to Impact 2,500 Students

2013-01-31

In an effort to promote pet responsibility at an early age, the Pet Care Trust, with the assistance of the World Pet Association and other pet-related businesses, raised over $8,000 for the Pets in the Classroom Grant Program during America's Family Pet Expo, held November 3-4 in Puyallup, Washington. The money raised will go directly to helping approximately 50 teachers enhance their classrooms and curriculum through the aid of classroom pets, impacting nearly 2,500 students. The World Pet Association, host of America's Family Pet Expo, donated booth space to the Pet ...

Local Realtor Goes to the Dog House

2013-01-31

As a Realtor, Mary Ellen Wood of Louisville's Homestead Real Estate, LLC, routinely hosts clients toshowings of available properties on the market. What's different about Wood's service is that she adeptly recommends dog-friendly properties for those who consider the family pet in a home purchase. Wood, owner of a Golden Retriever named Tonka, said that those on the market for a new home have to consider whether the new space will be right for the whole family, including canines. Many condos and townhomes have dog height and weight limitations, which takes some developments ...

LAST 30 PRESS RELEASES:

New study finds air pollution increases inflammation primarily in patients with heart disease

AI finds undiagnosed liver disease in early stages

The American Society of Tropical Medicine and Hygiene and the Bill & Melinda Gates Foundation announce new research fellowship in malaria genomics in honor of professor Dominic Kwiatkowski