10 Things to Know About Divorce in Florida

Divorce is hard, whether you have children or not. Inevitably, there is a sense of failure followed by feelings of apathy, betrayal, or indifference towards the soon to be ex-spouse. In this scenario, you may need all the help you can get to deal with the divorce.

Here are some basic details you’ll need to know if you’re planning to file for divorce in Florida:

  • One of the divorcing parties has to have been a resident of Florida for a period of at least six months prior to the filing of the divorce petition.
  • If there are no children or no minor children, then you don’t have to involve the family courts; you can just apply for “dissolution of marriage.” If you have an agreement for sharing of assets and alimony, the process is even simpler as there is no trial.
  • In most cases, the custody of any children of the divorcing couple is decided between the couple and the mediator or counselor. Additionally, a “time sharing” agreement is presented to the judge. This is considered to be the custody agreement to all intents and purposes.
  • This time sharing agreement also contains other relevant information like child support, visitation rights and decision-making protocol. If the divorcing couple is unable to reach an agreement for time sharing, then the court decides on it after talking to all the relevant parties and considering what’s in the child’s best interests.
  • There are specific cases where the couple cites “irreconcilable differences.” If there is a signed agreement for dealing with alimony, child support, custody, and visitation, and if both the parties file the petition, then the divorce is easier. However, if one party contests it, then the court might order counseling for up to three months.
  • For the splitting of assets, you should have all documentation of your financial transactions, both assets and liabilities ready; this will ensure that you get your fair share during the divorce. You should also talk to an accountant about how your taxes might be affected.
  • Florida divorce rules require that both parties submit a sworn affidavit containing all their financial information, so that the court can make an informed decision about splitting the marital assets, alimony, and child support.
  • Financial documents like tax returns of the preceding three years also need to be submitted, along with the affidavit containing full financial information.
  • Debts are equally divided, including mortgages and car payments. However, certain debts accumulated before the marriage, like student loans, are exempt.
  • The Florida family courts cannot force either one of the parents to pay for college unless there is an agreement to do so in the time sharing agreement.

It is recommended that you contact a Florida divorce attorney if you’re considering a divorce. You need proper representation to ensure that your interests are carefully looked after.

At Kenny Leigh & Associates, we are well aware of the difficult situation many fathers face when they are dealing with divorce. Apart from all the emotional trauma, duress, and stress of a failed marriage, men going through divorce also have to contend with the courts’ leniency towards women and mothers. Our family law attorneys strive to redress the balance relentlessly. We only take on family law cases, and represent only men in divorce cases. This has given us a lot of experience and understanding of the working of the Florida family courts system, and a good perspective on what to do in order to get what our client wants or needs. If you’re a man in Florida thinking of divorce, visit one of our offices in any of the following locations: Jacksonville, Boca Raton, Gainesville, Ocala, and Daytona Beach. We are here for you at this difficult time in your life.

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