Florida is a no-fault divorce state, meaning you can file for divorce at any time without assigning blame to either party for the end of the marriage. To go about filing for divorce in Florida, three key requirements must be met:
(1) Two people were legally married.
(2) At least one spouse has been a Florida resident for at least six months prior to filing.
(3) The marriage is either “irretrievably broken” or one spouse has been declared mentally incapacitated by a medical physician.
Once these conditions are met, there are three processes available for obtaining a divorce in Florida: (1) regular dissolution of marriage, (2) simplified dissolution of marriage, and (3) collaborative dissolution of marriage.
The simplified dissolution process is suitable and most common when there are no minor children involved, and both spouses agree on critical issues, including:
- Division of all property and debts
- Neither spouse is seeking alimony
- Both spouses agree the marriage is irretrievably broken
If the divorce involves contested issues or children, the regular dissolution of marriage process is used. This requires filing for divorce in a local court. In a dissolution proceeding, both parties must fully disclose all relevant financial information and documentation. Depending on the level of agreement or disagreement on the divorce settlement, the parties may submit a written settlement to the court, engage in mediation, or proceed to a full trial. Lungarelli Law can guide you through each phase of the dissolution proceed to present you with various options by working as part of your team to determine which is best for you at each step along the way.
Distribution of Assets
While fault is not considered in the decision to grant a divorce under Florida law, it may and could be taken into account when courts determine the distribution of marital property, which is often one of the most complex and heavily litigated aspects of a divorce. Marital property could include items such as:
- Homes
- Investments
- Retirement Benefits
- Bank Accounts
- Personal Property
- Cars
It could also include debts like credit card balances, mortgages, tax liabilities, and car loans.
In general, any asset or debt acquired during the time of the marriage is considered marital property and is subject to equitable distribution under Florida law. These assets and debts are most commonly divided equally between the parties based on various factors.
The court will also carefully address child custody and child support, which is often the most emotionally challenging aspects of a divorce.
