– In Florida, the only grounds for divorce are that the marriage is “irretrievably broken” or that one spouse has been mentally incapacitated for a period of time.
– No-fault divorce in Florida means that one spouse simply has to allege that the marriage is “irretrievably broken”, and a divorce can be granted even if the other spouse doesn’t agree and doesn’t want to get divorced.
– It is very rare for a divorce to be finalized in less than 6 months in Florida, and some cases go on for years. Even a relatively amicable divorce can take about a year.
– The first step after filing for divorce is to exchange “Mandatory Disclosure”, which includes production of certain documents and preparation of a Financial Affidavit. Florida law requires spouses to exchange this information at the beginning of the case.
– The next step is for the lawyers to analyze and understand the preliminary financial information, and gather any additional information through a process called “discovery”, which includes written requests for more documents, written questions, gathering documents from third parties, or questioning the other party and/or other witnesses under oath. – Lawyers may hire experts like accountants and appraisers to evaluate assets in a divorce case.
– Information is analyzed to determine marital and non-marital assets, their value, and how they should be allocated between the parties.
– Hearings may be needed to resolve issues like temporary timesharing and support payments during the divorce. 1. If a spouse has had an affair, it may impact the division of marital assets if money was spent on the affair.
2. In Florida, if one spouse cannot afford their legal fees, the other spouse may be required to pay.
3. Alimony in Florida is not guaranteed and depends on factors like need and ability to pay. There are four types: permanent, durational, bridge-the-gap, and rehabilitative.
4. The amount of alimony in Florida is not set by a formula and varies case by case based on one spouse’s needs and the other spouse’s ability to pay. 1. In Florida, parental responsibility and timesharing are determined instead of custody.
2. There is no presumption in the law about how timesharing should be allocated.
3. 50/50 timesharing is increasingly common but not always required.
4. Shared parental responsibility means major decisions about the kids are made jointly.
5. Equal decision making power does not always mean equal timesharing. A Parenting Plan in Florida is an agreement by the parents of a child, or created by the Court if the parents can’t agree, that governs the relationship between the parents regarding the child. It must address details about how parents will share daily tasks, a timesharing schedule that specifies the time the child will spend with each parent, designation of who will be responsible for health care, school matters and other activities, and methods and technologies parents will use to communicate with each other and the child.
Frequently Asked Questions (FAQ’s), And Answers, About Florida Divorce
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