Divorce is also called the Dissolution of Marriage in Florida.
Florida is among the many other states that no longer look to who is “at fault” as grounds for divorce. This is called being a “no fault” state. The legal requirement for divorce is that one or both parties can prove the marriage is “irretrievably broken”.
Either spouse can file. One of the spouses has to be able to prove they are a Florida Resident and have been for at least 6 months before the date of filing for divorce. The filing spouse also must establish that the marriage is irretrievably broken. While Florida is a “no fault” state. The reasons that lead up to being irretrievably broken “may” be considered when determining alimony, dividing marital assets and debt, and in creating a parenting plan, if there are children and custody issues in the divorce.
Every divorce has its own facts, its own character, and its own resolution. What is ultimately agreed on in Mediation, or decided by the judge, will differ from case to case What happened to your best friend in their divorce, may have little bearing, and should not set any expectations, on what will happen in your divorce. While there are general guidelines for everything from how property is divided, to time-sharing and custody, there is no hard and fast equation or “generic” divorce in Florida.
Please understand that this can be a highly emotionally charged process both for the kids and for the spouses. Often, everyone involved is uncertain of their specific legal rights, and their obligations to each other. While court clerks and judges can answer generic questions, they are not allowed by law to give legal advice. Resist the urge to ask, as they cannot answer. An attorney is the only one legally allowed to render advice in a divorce. It is the recommendation of the Florida Bar that you do not “go it alone”, and that you procure a Family Law attorney. A Divorce attorney can leverage their knowledge not only of the laws, but also of their experiences with other divorces, and their experiences with court experts and judges, to help you make the best decisions, both for you and for the children, if there are children from the marriage.
