SOUTH TAMPA DIVORCE ATTORNEY

In Florida, a divorce, often referred to as dissolution of marriage, may be obtained if specific criteria are met. Residency and filing requirements mandate that one of the parties must reside in the state of Florida for at least six months prior to filing a petition for dissolution. The petition may be filed in the county of residence of either or both parties. Some states utilize fault-based grounds for divorce such as adultery, drug abuse and addiction or living separate and apart for a specified period of time. Florida, however, is a no-fault divorce state and the grounds for divorce are simply:

• An irretrievable breakdown of the marriage, or
• Mental incapacity of one of the parties for a period of at least three years immediately preceding the filing of a petition.

After a petition for dissolution is filed, the petition must be served upon the respondent. The respondent then has 20 days to file an answer. If the parties are able to reach an agreement concerning all issues such as property division, spousal support and child custody and support arrangements, they may enter into a written agreement. If the court accepts the parties’ agreement, a judgment of divorce may be entered within a matter of weeks. Uncontested divorces such can save you time and money and are much less stressful than contested court battles. Contested divorces may take several months and in the event that the parties are unable to reach an agreement, the court will make a final judgment.

Protecting your rights while establishing practical and fair terms you can live with is our primary goal

Florida is an equitable division state. This means that property and assets must be distributed in a fair and equitable manner though not necessarily equal. As stated above, if the parties agree to an equitable division of assets, an uncontested divorce may be obtained in a reasonable amount of time. Conversely, contested divorces involve lengthy mediation sessions and multiple court hearings. If the parties are unable to reach a mutually agreed upon arrangement, the court enters a final judgment after considering numerous factors including:

• Each spouse’s contribution to all aspects of the marriage,
• The length of the marriage and
• Each spouse’s contributions to the household income and personal career and educational opportunities of the other spouse.

Many people mistakenly believe that spousal support is automatically awarded in any divorce case. However, the decision to award spousal support, also referred to as alimony, is left to the court’s discretion and is decided on a case-by-case basis. Alimony may be awarded on a temporary or permanent basis and may be granted to either party. The court may order a lump sum or require the paying spouse to make periodic payments. Temporary spousal support is usually rehabilitative in nature and is designed to provide the party receiving payments the opportunity to obtain the training or education necessary to obtain gainful employment.

What to expect during the divorce process in Florida if you have children

Divorces for couples with children involve separate legal hurdles in addition to the standard issues of alimony and property division. The primary consideration when determining appropriate child custody and support arrangements is to do what is in the best interests of the child. The court analyzes several factors each spouse’s financial status, willingness to communicate and cooperate with each other and the potential impact on the child. It is vital that you seek assistance from an experienced family law attorney to ensure that your family is protected and receives the best possible outcome.