How to get divorced in Florida. Something that characterizes the United States of America is its federal legislation, which means that each State has its own legal clauses for multiple situations. When we talk about divorce, we will find, in this sense, a variety of legal traditions depending on each State.
Next, we will know the modalities of divorce applicable to the state of Florida, its requirements and the considerations that must be made in each case.
In principle, it is necessary to know that divorce in the state of Florida can be processed in a simple way, provided that certain conditions exist. In this regard, these will be:
- That there is no request for alimony.
- Have a residence of more than 6 months in the state of Florida.
- That there are no minor children in the marriage.
- The goods will be divided in an agreed and mutual manner.
- Both spouses voluntarily agree to attend the hearing and file for divorce.
Florida Simplified Divorce
The five conditions expressed above are those that will allow a couple to apply for a ‘simplified divorce’. It is a much shorter process in terms of processing and duration, since there are conditions requested, in this case, by the state of Florida, for its application.
To carry out a simplified divorce, the spouses must:
- Documentation: Authorize and sign multiple documents required by local Florida courts.
- Pay a filing fee, the amounts and concepts of which will be defined by the state of Florida.
- In case of having minor children, the spouses must complete a paternity class and then declare the certificate to the courts.
- Deliver the documents to the spouse through a bailiff or a lawyer respectively.
- Your spouse will need to file a response of these documents with the local courts.
- Schedule now a hearing to which to consign the rest of the documents requested by the courts.
- Attend the hearing to sign the judgment, filling out all the forms related to the dissolution to definitively process the divorce.
The spouses will proceed to fill out a few forms, simplifying their dissolution before the State in a matter of days. Where it is not possible to apply for a simplified divorce, the spouses should take into account other considerations for its dissolution.
For those who do not apply for simplified divorce
To begin with, the reader should understand that they will still be able to process their divorce petition in the state of Florida. However, it will take longer, since multiple issues related to dissolution will have to be discussed, these are the most important.
Legal basis: no-fault divorce
Divorce without fault is one that does not contemplate an opinion that may favor one of the parties. This, with regard to the division of assets and economic remuneration, elements mostly discussed in divorce proceedings.
Despite presenting evidence and/or arguments that could place one of the parties in a disadvantaged situation before the jury, these aspects will not be valued for the conclusive opinion. In this regard, they will be recognized as irreconcilable differences, these views being no more than the causes of the dissolution of the couple.
Child custody: a circumstantial decision
Everything will depend on the family circumstance of the children, that is, the quality of their relationship with each of the parties. The court will place great emphasis on this stage of divorce, as it will be in the best interest of the children’s welfare.
How well do children get along with their parents, how much do each of them invest in the well-being of their children, who do they spend more time with? These and other questions will be debated in court. Minors could even be consulted about their desires, to know with whom of their parents they want to share more.
The most typical is that the judge notices the importance of minors being able to share with both parties, granting a satisfactory relationship with their parents. Everything that can be taxed in a positive way for the upbringing of children, will be manifested by the jury before the participants.
Division of property: equitable separation
An equitable division of property is sought. This could affect either party, understanding that it is unlikely that personal and joint investments have always been made under a 50 and 50 approach. In other words, the property will be divided in half regardless of whether or not it belongs to the marriage.
The judge may divide the assets at his discretion, always approaching what he considers the most appropriate division. However, this will always be under an equitable approach, inserting absolutely all the properties of the spouses into the also material separation.
Child Support: How to Get Divorced in Florida
For the maintenance of minors, the employment status of each of the parties will be valued, but more than this, the time that each of the parties shares with the minors. Of the two parties, the one who spends the most time with the children will not have to worry so much about child support .
On the other hand, the one that registers less frequently with the children, will have to take care of most of their maintenance. However, both parties must be responsible for covering the expenses of the children. The child may not be left helpless at any time, so the parties will be responsible for solving all their shortcomings.
How long can a divorce process last?
The duration of the divorce varies according to each case, finding that these factors will be key in its chronology:
- Complexity of divorce: Precisely, if it is a simplified divorce, which could last a maximum of one month. In contrast, complex divorces can last up to 4 months. Some cases may extend depending on how the spouses handle the case.
- The availability of the courts.
- Documentation: The presentation of the documents required by the courts, encountering some setbacks in some cases.
The processing of a divorce can be a complex process if there is no agreement between the parties. Therefore, it is important to contemplate the best agreements before engaging in a long argument in court, investing large amounts of money and time in different disputes.
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