Florida is a no fault state and that means that you do not need a consent or a reason from your spouse to file for a dissolution of marriage. As long as you or your spouse have been a resident of the State of Florida for six months before filing a petition for dissolution and your marriage is irretrievably broken, you can get a divorce in the state of Florida. You may want to file your divorce as either uncontested or contested. Filing uncontested means you and your spouse agree on all terms. Contested means that you are in disagreement with your spouse on the terms of your divorce and litigation may become necessary for the court to order on those issues.
Even though fault is not considered in the determination of dissolution of marriage under Florida law, it may be considered when the court goes to order the distribution of marital property and determination of timesharing, if there are children, that typically accompanies a dissolution of marriage. This will be one of the most complicated and difficult aspects of a divorce if the case is contested, and is often very emotional due to the nature of the property and children involved.
Marital property may include Investments, Cars, Homes, Retirement Benefits, Debts, including car loans, mortgages, credit card, and mortgages.
Any asset or debt obtained during the marriage is considered to be marital property and must be distributed before the completion of the dissolution of marriage. Under Florida law, these assets and debts are usually distributed equally between the parties based on a variety of factors.
- Personal property
- The court will also carefully consider timesharing and child support.
- Temporary alimony, child support, and timesharing.
- Visitation and parenting classes
- Disclosure of income and assets
- Planning a move to another state or a distant city in Florida
- Enforcing your rights
If you are thinking about getting a divorce, or if you were recently served with a Petition for Dissolution of Marriage, you need to think about the long term as well as the immediate future. At Lauren Kingry Law, we work with you so that you know what you can expect during and following the divorce. We will help you with your immediate concerns and help with what might be the long term outcome for yourself and your children. We will make sure that you have a realistic understanding of your rights and responsibilities under Florida law. Finding an attorney with experience with divorce litigation guarantees your interests are protected whenever necessary.
For more information regarding your situation and to schedule a free consultation with an experienced attorney, call (904) 722-3333 to speak with an associate.