DIVORCE LAW

In Florida, a divorce is referred to as a "dissolution of marriage." Unlike in the past, fault is no longer a requirement. Now, all it takes to get a divorce is for one party to show that the marriage is "irretrievably broken."

SIMPLIFIED DIVORCE

Florida offers a simplified divorce process for couples with no minor children and limited assets. This option is available if both spouses agree on all aspects of the divorce, and it is designed to be a quicker and more straightforward procedure.

CONTESTED DIVORCE

A contested divorce occurs when spouses cannot reach an agreement on one or more critical issues, such as property division, alimony, child custody, or child support. In contested divorces, the court may need to intervene and make decisions on these matters. This type of divorce typically involves more legal proceedings and can be more time-consuming and costly.

DIVORCE TYPES

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MEDIATED DIVORCE

Mediation is a method in which spouses work with a neutral mediator to facilitate discussions and reach agreements on divorce-related issues. Mediation can be a less adversarial and more cost-effective way to resolve disputes.

HIGH-ASSET DIVORCE

High-asset divorces involve significant marital assets and complex financial holdings. These cases often require specialized legal and financial expertise to ensure an equitable distribution of property.

SAME-SEX DIVORCE

Same-sex couples in Florida have the same divorce rights as opposite-sex couples. However, the unique legal history of same-sex marriage may lead to specific challenges in some cases.

DEFAULT DIVORCE

If one spouse fails to respond or participate in the divorce process, the court may grant a default divorce, where the terms are typically in favor of the filing party.

MILITARY DIVORCE

Military divorces may involve unique considerations, such as dividing military pensions and addressing deployment-related issues.

COMPLICATIONS & OTHER

1. What are the requirements for getting divorced in Florida?

There are two main requirements for divorce in Florida:
- Residency: You must have been a resident of Florida for at least 6 months before filing for divorce.
- Grounds for Divorce: The marriage must be irretrievably broken or one of the parties becomes mentally incapacitated.

2. Should I get a divorce or an annulment in Florida?

Florida does not have an annulment statute. A divorce acknowledges that the marriage is broken, while an annulment states there was never a valid marriage. Annulments can be granted for specific reasons, including legal or mental incapacity, lack of consent, or wrongful procurement of consent.

3. What should I do if I've been served divorce papers in Florida?

If served with divorce papers, you have 20 days to file an answer to the petition. Failure to respond within this timeframe may result in your spouse seeking a default judgment.

4. How will a divorce affect my children in Florida?

The impact on children varies depending on how parents cooperate and communicate. Child support and timesharing arrangements are major concerns in divorces involving children. Cooperation between parents is essential for the best interests of the children.

5. When can I initiate a divorce in Florida?

You can file for divorce at any time during your marriage.

6. What is the cost of a divorce in Florida?

The cost varies depending on the complexity of the case. Simple uncontested divorces can be relatively inexpensive, while contested divorces involving significant assets or disputes can be more expensive. Consult an attorney for advice on your specific situation.

7. What is the difference between a simple and a contested divorce in Florida?

A simple uncontested divorce typically involves minimal assets and both parties agreeing on divorce terms. Contested divorces, on the other hand, involve disputes over various issues and can be more complex and time-consuming.

8. I was married in a different state. Can I still get divorced in Florida?

Yes, you can get divorced in Florida if you have resided in the state for at least six months before filing the divorce petition.

9. Can I change my name back to my maiden name after divorce in Florida?

Yes, it is common for the court to grant the return of a wife's maiden name during the divorce process.

10. Can I receive alimony in Florida?

Alimony is determined on a case-by-case basis, considering various factors. To determine if you are eligible for alimony, consult the West Palm Beach Law Office of Evan S. Kass, P.L. for a free evaluation.

11. Will I lose all my property to my spouse in a Florida divorce?

Florida follows equitable distribution, aiming to divide marital property and assets fairly. Your separate property should not be subject to division.

Please note that this information is intended as a general guide, and legal advice specific to your situation should be sought from an attorney.