Monday, December 18

Getting Acquainted With Florida Divorce Law

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Divorce is an unfortunate reality of life. You may have grown apart from you partner over the years or want different things in life. Marriage is quite simple but unfortunately once you and your partner have decided to separate, things become complicated. As any Florida Divorce Attorney will tell you, the law regarding divorce is different in each state. 

The Grounds That Can Be Used For a Separation

In order for you to be granted a divorce you must apply to the courts. Only by their decree can the legal bond created by marriage be dissolved. Attorneys in Florida have only two grounds to work with when advising divorcing partners. 

  1. That the marriage has irretrievably broken down.
  2. One of the parties suffers from a mental incapacity.

The first option is the most common ground used. You may wonder exactly when a marriage is ‘irretrievable’? This has been the subject of debate for many years and to be sure if your marriage would come under this ground you would have to speak to a Florida Divorce Attorney. 

Common Legal Terms

It can become confusing very quickly when dealing with a divorce. There are certain terms used that are considered common knowledge in the legal field but are unheard of in the rest of society. Some of the most commonly used are, 

  • Petitioner. The person who files for a separation.
  • Respondent. The other party to the marriage.
  • The Circuit Court. This is the official name of the court that will decide you case.

The two most important documents that you will need to know about during the procedure are,

  1. The petition for Dissolution of Marriage.
  2. Final judgment of Dissolution of Marriage.

That’s Not Equitable!

A Florida Divorce Attorney will advise you that Florida has an equitable division policy when it comes to division of marital assets. You may think from the wording that this means a fair 50/50 split. Unfortunately this is not the case. 

The property will be divided as the judge deems to be fair and equal in their eyes. Although they must start with an equal division, they will look at various factors that could justify one party receiving more of the assets than the other. Such things include,

  • The contribution made to the marriage by each party. Such as staying at home to look after children.
  • Economic situation of each party
  • Contribution to gathering martial assets
  • Desire to protect business venture of one spouse.

Who Gets The Children?

A major issue when pursuing a divorce is how any children will be affected. The common method for dealing with a child, is that only one parent will receive physical custody of the child. This allows the child to live with them whilst the other parent is allowed visitation. 

A judge will base their decision on factors relating to the well-being of the child, financial circumstance of the parents and the child’s own wishes. 

Child Custody in Florida is different from that in many other states. This is because there is no presumption in law that a mother will receive physical custody regardless of the gender of the child. 

I Want To Move

Perhaps a poorly known factor of child custody is that if you wish to move more than 50 miles away from another parent you must seek approval from the court. This rule was designed to stop one parent effectively stopping the other from seeing their child. If you need advice in this area you should seek a consultation with a Florida Divorce Attorney at once.


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