When You Need To Find A Way Out Of A Failed Marriage
Taking a divorce in your stride is perhaps one of the most difficult things to do
. Like every US State, Florida has specific rules and regulations regarding the divorce proceeding. Whether you want to file for divorce or are a party to it, you require competent legal help. Consult a divorce attorney of repute working in your area to reach a proper resolution to the related issues.
Before you get in touch with an attorney, here are the answers to the frequently asked questions related to Florida divorce laws.
Who can file for a divorce in Florida? The residency requirement for the state is at least 6 months prior to the filing of the divorce petition. Any of the spouses may be a resident of the state for minimum 6 months period to meet the requirement.
Where do you file the petition? The Circuit Court in and for the particular county of residence is where you file the petition. Suppose you live in the city of Naples. You need to file the petition at the Circuit Court of Collier County, Florida.
What are the grounds for divorce? Florida is a no fault state. This implies that you can file for divorce on the ground of irreconcilable differences, i.e. a completely broken marriage. You can also file if your spouse suffers from mental incapacity, for at least 3 years before the initiation of the proceeding.
What documents are necessary? As per Florida laws, you require Petition for Dissolution of Marriage and Final Judgment of Dissolution of Marriage. Certain other documents like Affidavit of Corroborating Witness, Family Law Financial Affidavit, Marital Settlement Agreement, Waiver, and Final Disposition Form are also important.
What related issues may crop up? The most important issue is property distribution. Florida is an equitable distribution state, i.e. the division of marital property is according to what is fair for both the spouses. The court may order spousal support if it deems necessary. If there are children, questions on child custody, visitation rights, and child support crop up.
What are the different types of divorce proceedings? There are two basic categories contested and uncontested.
What is a contested divorce? If the two spouses do not agree on certain issues, e.g. spousal support or child custody, you need to go to a hearing. Your divorce attorney works on your behalf to ensure that you get a fair settlement.
What is an uncontested divorce? Agreement on all terms and conditions of the divorce makes it an uncontested proceeding. You file the petition, submit the documents and complete the formalities to reach a proper dissolution of the marriage.
How much time does it take? A simple, uncontested divorce proceeding may end within a few weeks. However, if it is a contested divorce with number of issues, which require reaching settlement, it may take months or even years. It depends on each case.
Why do you need a divorce attorney? Whether it is contested or uncontested, handling divorce proceeding requires proficiency in the state laws and statutes and local customs. Like mentioned earlier, opt for a
Naples divorce attorney to deal with each aspect the proper legal way.
Florida lawyers directory has been exclusively designed to refer qualified attorneys in Florida. You can visit this site to acquire better service from reputed law firms.
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