Ten Things to Know About the Florida Divorce Process:
Requirements for a Florida divorce:
One: A person must be a resident of Florida for at least 6 months. A person can be a member of an armed force stationed in the state of Florida.
Two: To begin the Florida Divorce Process for residents also called a “dissolution” of the marriage, the Florida Divorce Process legally begins when you or your spouse files a “Petition for Dissolution of Marriage” with the Family Department of the local circuit court. The court then serves the other spouse with paperwork and gives him or her time to respond.
Three: Marital Assets and debts amassed during the marriage, are referred to as “marital assets,” and divided “equitably,” or fairly, upon divorce. Any assets you had before marriage may be considered “non-marital assets”. You and your spouse can retain your non-marital assets.
Four: Division of marital property judges divide assets equally, unless there’s a basis for unequal distribution. The judge considers both you and your spouses economic circumstances and contributions each of you made to the marriage, including care for children and your marital home.
Five: Alimony is an extension of the obligation for spouses to support each other financially during the marriage. In divorce laws in Florida, a court can order alimony if it is “well-founded.” Factors the courts look at include: the standard of living during the marriage; the length of the marriage; and the age and physical condition of each spouse.
Six: Custody, if you and your spouse can’t come to an agreement on child custody, the court will make a decision based on what is in the “best interests” of the child. Unless there is a reason that it would be detrimental to your childs upbringing, the court will usually grant shared responsibility.
Seven: Child Support divorce laws in Florida include child support guidelines that judges use to figure out the support needed for a child and how much each parent has to pay. The court looks at both parents incomes and the childs health and child care costs. Florida’s standard needs table lists support amounts based on the child’s age and the parents income.
Eight: Documents you will need. The court will need to know all of your assets to divide them. Make copies of bank statements, tax returns, mortgage documents, and any other financial information as possible. Take an inventory of your major household possessions. A detailed household budget will help the court determine temporary support, as well as if either you or your spouse can afford your marital home on your own.
Nine: Debts, any debt incurred before the marriage, such as educational debt, is not considered a marital debt, while dividing debts. Like assets, marital debts will be divided equitably. If you have a mortgage and you stay in the home, the mortgage may be restructured to make you the sole owner and borrower.
Ten: Taxes, a divorce will change taxes, property transfers, taxability of alimony payments, dependency deductions for children, and may affect your tax filing status.