Florida is a “no-fault” divorce state, where either or both parties of a martial union may seek divorce without “just cause”. “No-fault” petitions provide for mutual assent to marital separation and allow for assent to legal terms associated with the division of assets and debts, alimony, and child custody and support. An uncontested divorce or “simplified dissolution of marriage” requires at least one spouse to reside in Florida for a period of at least six months and that there is full agreement on the division of assets and debts, with no party seeking alimony.
The Divorce Petition Process
The total time to divorce depends on the divorce proceeding, the court schedule, or attorney arrangement. Disputes over child custody, financial agreements, property, litigation of business ownerships, or temporary orders can extend the filing period.
Eligibility for a “no-fault” divorce petition by military parties in Florida follows civilian law, requiring that one spouse be stationed or live in the state for at least six months prior to filing the divorce petition.
Division of Marital Property
Real estate and other major property can create formidable delays in a divorce proceeding. Most real estate assets are sold for distribution between spouses in Florida divorce cases. Not a community property state, Florida courts typically divide property equitably rather than equally during a divorce proceeding. In consideration of alimony and property, a court may take into account the financial contribution, spousal treatment, and length of marital agreement, along with other factors such as the age of spouse, to determine “fair” apportionment of assets.
Protect Your Rights in a Divorce
Trained in mediation and litigation, a divorce attorney can assist a petitioner in the valuation of assets, property and investments, and debt obligations required to finalize a divorce case. Experienced divorce attorneys are also family law attorneys, specializing in child custody and the child support process. Regardless of the circumstances leading to marital separation, during a divorce proceeding, it is important to protect your rights. Hire a licensed family law attorney to protect yourself in the negotiation of alimony, child custody, finances, and property in court.
File a Divorce Petition in Florida
Divorce petitions filed by an experienced family attorney have a better probability of protecting a claimant’s rights in court. If you are seeking a divorce in the state of Florida, our family law attorneys at Hardesty, Tyde, Green, Ashton & Clifton R.A. specialize in divorce proceedings. Our attorneys can assist you in protecting your rights to property and family when filing a divorce petition. Contact us for a professional divorce consultation with an experienced attorney.
Additional Reading:
Should You File a Surprise Divorce?
Should You Expect Alimony After a Divorce in Florida?
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)