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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.

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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.