Florida Divorce Guide – Section 2

A divorce is referred to as a “dissolution of marriage” in Florida.

Florida is one of many states that have eliminated fault as a reason for divorce. The only requirement for a marriage to be dissolved is for one of the parties to demonstrate that the marriage is “irretrievably broken.” Either spouse has the right to file for divorce. You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. However, the reason for the irreversible breakdown may be considered in the determination of alimony, equitable distribution of marital assets and debts, and the development of the parenting plan under certain limted circumstances.

Because the parties, facts, and circumstances in each case are unique, the outcomes can vary from case to case. The division of assets and debts, awards of spousal support, awards of child support, and decisions on parental responsibility and/or time-sharing schedules are all outcomes of a divorce. In Florida, there is no “one-size-fits-all” or “standard” dissolution of marriage.

Marriage dissolution can be an extremely emotional and traumatic experience for both couples and their children. Spouses are frequently unaware of their legal rights and obligations. Court clerks and judges can provide basic information but cannot provide legal advice. Legal advice can only be given by an attorney. Statutory requirements and court rules must be strictly followed, or you may permanently lose certain rights. The Florida Bar recommends that you seek the advice of a Florida family law attorney if you have legal questions, which may include discussions about your rights and responsibilities in the event of a divorce. A knowledgeable attorney can assess your specific situation and assist you in making decisions that are in the best interests of you and your children.

 

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