A married couple in Florida who has reached a point in their
relationship when living together is no longer an option can enter into
divorce proceedings. There are basically two levels of Florida divorce
laws to consider: an agreed divorce or a default divorce. Within those
parameters there are separate issued of distribution of assets or child
custody issues that will need to be agreed upon or adjudicated by the
courts. Even with these different levels there are some commonalities
with regard to Florida divorce laws.
Basic Florida divorce laws
According to Florida divorce laws, the grounds for no-fault (agreed)
divorce is an "irretrievable breakdown of the marriage." In a fault
based divorce there needs to be "mental incapacity for at least three
years." Basically a no-fault divorce means both parties have agreed
things just aren't working out and they can't be fixed.
That doesn't mean there aren't going to be things that need to be
worked out among the lawyers but there is a basic agreement that a
divorce needs to happen. In a fault based divorce, then you are
assigning specific blame to one party that resulted in mental anguish.
Usually these bring in issues of infidelity or other forms of abuse.
Starting the divorce process
Florida divorce laws state that in order to begin divorce proceedings
in Florida you must file the appropriate paperwork with the court in
which you reside. To obtain a divorce in Florida you have to have been
a legal resident for at least six months. The filing costs can vary
from county to county but the current approximate filing costs are
around $408. This is how much it will cost if you file the papers
yourself without an attorney.
Even if you are handling all the work yourself, you'll probably still
need to pay for the divorce forms themselves. These usually run the
range of $100 to $200. If both parties sign the filing papers then the
court will review the motion after 20 days. Usually this means as
divorce can be granted within 30 days of filing if no amendments to the
documents have been made. If you are the one initiating divorce
proceedings your will have to officially notify the other party and you
will need to attend that final hearing where divorce is granted.
Dividing assets
When it comes to the dissolution of property, Florida divorce laws
decree that the assets be divided equally between the spouses. These
assets are considered whatever was accumulated during the course of the
marriage. Depending on the circumstances, Florida divorce laws also
allow for alimony to be granted to either party. Both parties must
agree to the amount and can be for a specific amount of time or made in
a lump sum payment.
If child custody and child support become an issue, these will also
have to be agreed upon by both parties before the divorce is granted.
The duration of the marriage, the maintaining of the lifestyle and the
reasons for the break-up are all taken into account by the court when
awarding custody, child support or alimony. The Florida divorce laws
allow for mediation between the parties to resolve the issues. It's
recommended that both sides come to an agreement before coming to
court. These agreements can be reached through a mediator or between
divorce attorneys.