Divorce & Dissolution
Florida ranks 6th among all U.S. states for divorces, with a divorce rate of 3.4%. This is partly due to Florida’s “no-fault” divorce system, which simplifies the process by allowing either spouse to file for divorce without needing to prove fault. Instead, one only needs to assert that the marriage is irretrievably broken. Despite the “no-fault” system, the divorce process can still be more complex than you think. To file for divorce in Florida, either you or your spouse must have lived in the state for at least six months. If both parties agree on the terms, an uncontested divorce can be filed, streamlining the process without litigation. However, complete agreement on all terms is required for this option.
Divorce Process
Divorce In Florida
Moreover, issues such as alimony and child custody are central to family law. Florida courts award alimony based on a demonstrated financial need and the other spouse’s ability to pay. Factors considered include the duration of the marriage, the standard of living during the marriage, and the age and health of both parties. Marriages lasting less than 7 years are considered short-term, those lasting between 7 and 17 years are moderate-term, and marriages exceeding 17 years are classified as long-term.
Additionally, once a divorce petition, in other words, a petition for dissolution of marriage, is filed, both the parties are legally required to exchange financial information. This exchange is important for the Court to fairly distribute assets and debts. Typically, assets and liabilities acquired during the marriage—including income, contributions to retirement and savings accounts, and personal property like vehicles, furniture, and jewelry—are considered marital property. This holds true regardless of who purchased them or whose name is on the title if marital funds were used. Similarly, debts incurred during the marriage, such as loans for vehicles, furniture, mortgages, and credit card debt, are also treated as marital and will be divided during the divorce. The Court aims to equitably distribute these assets and liabilities, ensuring each spouse receives a fair share of the marital estate. However, it is not mandatory for the Court to handle the division; spouses can independently reach a settlement agreement, with or without legal counsel, at any point before the trial.
I was referred to Holly Mantle by my cousin, I am so glad I called her! She was very helpful, knowledgeable and most importantly patient and kind. She asked what I wanted while also giving her recommendations but ultimately listening to what I wanted. I would highly recommend her for any family cases!
Dealing with family matters is stressful as it is. To have to add a courtroom and a judge, and an unfamiliar process to the mix not knowing the outcome, is terrifying. With Holly and staff backing you, there comes a sense of ease, knowing they’re handling your case with dedication and are with you every step of the way. She has the confidence and knowledge to handle your case and prepare you for all outcomes, leaving no stone unturned. So thankful to have had her representation in a trying time in our lives. Without a doubt, an incredibly prompt and honest attorney, well worth every dollar spent!
Ms. Mantle and her team were very professional, knowledgeable, and helpful throughout my entire process.
Visit The Law Office of Holly A. Mantle
For professional guidance and support through your divorce process, contact Holly Mantle- a licensed Lawyer who specializes in family law, offering proficient representation to clients facing divorce, custody disputes, and other significant life changes.