Divorce can be a nasty experience, even if you and your former spouse separated ways in good terms. Even after the decision to separate has been made, it still involves a lot of work to finalize, notwithstanding the heartaches and headaches that you have to deal with. As far as the legal issues are concerned, the processes for legal separation do vary from state to state across the continental USA.
Now if you are divorcing in Florida there are some specific issues you need to be aware of and prepare for. These differ from other states and it should be noted that a lawyer that is well versed in the divorce laws can really help you navigate through this minefield.
The Divorce Basics in Florida
First off, you need to get proper representation from a Fort Lauderdale divorce lawyer to aid you in the process. You should be aware that divorcing in the state of Florida is fairly uncomplicated if there are no minor children involved in the case. This is because there will not be any involvement of the family court system, which is where custodial issues are addressed. So long as there are no minor offspring involved you and your former partner can simply apply for a -dissolution of marriage-
There are, of course, certain requirements in order to be eligible for a simplified dissolution process however it is relatively simple – you and your spouse must be residents of Florida for a minimum of 6 months. As long as this is met, you can file your application and cite the reason behind the split as -irreconcilable differences- since Florida law does not require the specific reasons behind the separation. In other words, you need not air your dirty laundry to the public.
Once both parties have submitted their written consent and have made an agreement for the division of assets, the marriage can be quickly dissolved by Florida’s divorce court even without a formalized trial. In the event that one of the divorcing parties does not give their consent, the court will likely give an order to have you and your partner go through marriage counselling before they will agree to dissolve the marriage.
Division of Family Assets
Under Florida Law, all assets, estates, and other property that have been acquired by the couple while they were married will be divided equally with the exception of cases wherein there is a pre-nuptial agreement that stipulates otherwise. Any asset or income accumulated before the marriage is exempt from the proceedings.
There is one exception to the -equal division- law. This circumstance is when the court chooses to give preference to one of the spouses for the ownership of certain assets as per a -special reason for that particular spouse to hold on to certain property-. An example of this is when the court determines that one of the parties gets the family home because he or she has been given custody of the minor children, if there are any. These circumstances are fairly logical in nature and your attorney can help you through these issues.
To know more about divorce proceedings in the state of Florida and to protect your right and those of your children, acquire the services of Fort Lauderdale divorce lawyer today.