Getting a divorce is never easy. But, if you are getting divorced in Melbourne Florida, there are a few things you need to know about the process, rules, and what you can expect. By understanding these items you will be more prepared and you could possibly limit the stress of the situation as much as possible.
No-Fault
Florida is a no-fault divorce state. This means you do not need to state the reason you choose to divorce your spouse. All you must say is that your marriage is irretrievably broken. As long as there is an agreement to that status, the court is likely to grant your divorce. If children are involved, you may first be required to go through marriage counseling before the court will grant the divorce.
Residency Requirements
One spouse must be a resident of Florida or be stationed at a Florida military base to qualify for a divorce in the state. This means you or your spouse must have lived in Florida for at least six months prior to filing and you must have a Florida driver’s license proving you are a resident.
The Division of Marital Assets
Assets, including debts, which were acquired during the marriage will be divided fairly in the divorce. Assets or debts that were acquired before the marriage will be considered non-marital assets and will not be divided.
Assets, once they are determined marital or non-martial, will be divided the judge. If there is a special circumstance, then the judge may unequally distribute assets. These circumstances can include economical or financial situations.
Alimony
Alimony in Florida is only granted if it is well founded. This means the courts will look at one spouse’s living situation, and the standard of living he or she was accustomed to during the marriage. If he or she will suffer a severe change in living after the divorce, then he or she may be granted alimony. But, Florida may limit how much and for how long a person receives alimony.
Custody and Support
If you cannot agree on divorce, the courts will make a custody decision based on what is best for the children, which may not be what you want. Usually the court will split responsibility for raising the child or children, unless there is proof that a particular arrangement would be detrimental to the child. The court may grant one parent with specific responsibilities over the child, especially if the child will spend the majority of his or her time at that parent’s house.
As for child support, there are specific guidelines for determining how much support will be rewarded. The court looks at both parties’ incomes and how much the child needs in order to thrive. Then, the Florida Standard Needs Table will be referenced to determine child support amounts.
Consult a Florida Divorce Attorney
Divorce in Florida, while rather simple, can get complex, especially when you consider the emotions behind it. Therefore, it is in your best interest to consult with an attorney before going through with the divorce proceeding. Melbourne Divorce Lawyers can help you with your divorce and support petitions.
