Florida Divorce Laws

Before filing for a divorce in the state of Florida, it is useful for you to be aware of at least the basics of the Florida divorce laws. For example, if either you or your spouse have not been resident in the state for at least six months, your petition for divorce will fall at the first hurdle.

According to Florida divorce laws there are two main grounds for filing for divorce. Either the marriage is irretrievably broken, or there is proof of mental incapacity for one of the parties. However, like with other states, divorce laws in Florida are subject to change so if you are thinking about filing for divorce you should ascertain that you first have accurate, up to date information before embarking on the process.

Once you have filed for divorce there are strict timelines and filing procedures that have to be met in order for the divorce process to continue. If you do not provide the necessary documentation, legal or otherwise, on time and in the correct manner you may find your divorce either delayed or your application nullified. As this is something that is not beneficial to all parties concerned, it is naturally something that you will want to avoid.

Regarding the financial split of property and other items between the two parties, if an agreement can be reached outside of court this is more beneficial. These agreements should be written documents, taking the form of a Marital Separation Agreement. However, if it is not possible to agree something out of court with your spouse then the court will decide on a split of both assets and debts according to the laws of the state.

If children are involved in the divorce, according to Florida divorce laws it is the court who decides which parent is granted custody. Equal and fair consideration is given to both the mother and the father during the process. In addition, the state law ensures that each parent will continue to have frequent access to all minors after the marriage has been dissolved. Depending on the nature of the divorce case, child support amounts will be calculated in an appropriate manner, taking into account the financial situation of both parties.

This is at a high level the basics of the divorce laws in Florida. If you are interested in finding out more information about the Florida divorce laws, I would recommend either consulting a trained professional, or reading the local statues which explain the process.