If you are a resident of Florida and are contemplating getting a divorce from your spouse, you might want to read on to know the basic requirements before going ahead and hiring the services of a divorce attorney.
State Law Requirements
Under Florida Law, at least one of the participants is a resident of Florida or a member of the US Armed Forces stationed in Florida. Divorcing due to irreconcilable differences would require a written agreement between you and your spouse that the marriage has ended.
If one of the participants deny that there are irreconcilable differences, the court can require both parties to undergo counselling for a maximum period of three months.
Possibility of No Trial
If both parties agree on how the property, child responsibilities (if applicable), and debt should be equally divided, there will be no need to go to trial. The only requirement, under Florida law, is a written and signed legal form.
Division of Assets, Debts, and Properties
Any assets, debts, and properties obtained during the marriage will be equally divided among both parties. If you and your spouse have any assets, debts, and properties before the marriage, these are not included in the divorce process.
As an extension of the spousal obligation to financially support each other during marriage, alimony can be required if the Florida court believes that the alimony claim is well-founded. The length of marriage, standard of living during marriage, and the age and physical wellness of each spouse are considered.
Child Custody and Support
Florida courts will always base their decision on what they see as in the best interest of the child. The final decision would be based on the moral fitness of both parties as parents, the ability to provide for the child, and the child’s preference between the parents.
Florida law has a standard table that lists the amount for child support depending on the child’s age and income of the parents. Another precedent is the Florida court ruling to have a trust fund set up for the child for his or her future use.
Arming yourself with the basic knowledge not only saves you time and money but also gives you an idea of the possible uphill battle you would be facing should you pursue with the divorce.