How to Navigate the Muddy Waters of Florida Dissolution of Marriage
This post will focus on getting a divorce in Florida and how to choose which kind of dissolution of marriage is right for your Boca Raton case.
Florida divorce can be intimidating. This is especially true if you have no idea what to expect from Family Law rules or about the divorce process in general. Thankfully, you have an awesome Boca Raton divorce attorney to give you the rundown. Feel free to hold the applause until the end.
Florida Family Law states that there are three kinds of divorce that you can file:
- Simplified Dissolution of Marriage
- Uncontested Divorce
- Contested Divorce
What Happens to Property When Getting a Divorce in Florida?
Florida Family Law uses an equitable distribution scheme for dividing property. The first step is to create an inventory of all property owned. It’s also quite helpful to include a complete history of property ownership. Determining what property is divisible requires figuring out whether the asset is marital or, alternatively, the separate property of one spouse. It is especially relevant to keep in mind that only marital property is subject to equitable distribution.
How Florida Family Law Defines Marital Property
Marital property generally consists of any asset acquired by either spouse during a marriage. However, complications may arise if the property was a gift. If the property is a gift to both parties, it’s marital. Hence, making the donor’s intent the most important factor. If separate property is commingled with marital assets, it may also be classified as marital.
Florida Statute provides a bright line rule for classifying marital assets and liabilities. The date used for determining this classification is the date of filing the Petition for Dissolution of Marriage. However, an exception arises if there is a valid separation agreement setting forth an alternate date.
The Similarities Between Contested Divorce and Uncontested Divorce in Boca Raton
Getting a divorce in Florida isn’t a common law right. Therefore, it relies entirely on the service of Family Law statute. Florida is a no fault divorce state. This applies to both contested divorce and uncontested divorce. This means that both parties are complete and equal partners, sharing equal rights and obligations in the marital relationship. Most importantly, this translates to sharing equal burdens in the event of spouse divorce in Boca Raton. The parties must state that either:
- The marriage is irretrievably broken; or
- One of the spouses is mentally incapacitated
A Florida marriage is irretrievably broken when the parties can no longer live together thus rendering divorce as the only option. Consequently, this translates to difficulties so deep and substantial that no reasonable effort could enable the parties to live together in a normal marital relationship.
The Mechanics Of Contested Divorce And Uncontested Divorce Under Florida Family Law
A final judgment for dissolution of marriage can’t be entered until at least 20 days after the date of filing divorce. Florida Family Law requires that a party show that injustice would result from the delay for an exception to be made. Additionally, there are several types of relief a party can request from the marriage court:
- Equitable distribution of property
- Parental responsibility and contact
- Child support
- Attorneys’ fees and costs
Florida Family Law Rules For Simplified Dissolution of Marriage
A Petition for Simplified Dissolution of Marriage is an option limited by the parties’ circumstances. When seeking this type of marriage dissolution, certain information must be sworn to the filing courts.
- There can’t be any minor children of the marriage. This also means the wife can’t be pregnant.
- The parties have already agreed to a satisfactory division of their Boca Raton property so there’s no need for a court’s equitable distribution.
- Additionally, both parties must join in the Petition for Simplified Dissolution of Marriage and appear together at the final hearing.
Parties aren’t required to file a Florida Family Law financial affidavit when filing for Simplified Dissolution of Marriage. This is a bonus since it’s usually information divorce courts require. In conclusion, it’s the type of divorce with the least amount of hassle, but not available to the general population.
Family Law Boca Raton Tips for Getting a Divorce in Florida if Simplified Dissolution of Marriage Isn’t the Answer
Maybe you don’t qualify for a Simplified Dissolution of Marriage, but you and your spouse have figured everything out. In fact, getting a divorce in Florida is the first thing you’ve agreed on in years. In this case, you can file for uncontested divorce. This is usually relevant if there is a prenup or marital settlement agreement. If there are any child custody issues, the post nuptial agreement submitted must include a parenting plan. This plan establishes a time sharing schedule as well as a child support guidelines worksheet.
What If You Don’t Qualify For Simplified Or Uncontested Divorce? Florida Family Law Offers Contested Divorce
If a settlement agreement isn’t in the cards, a Petition for Dissolution of Marriage with the Palm Beach County Clerk of Courts. Contested divorce in Florida simply means that there are still issues that need to be ironed out. Don’t let technicalities stress you out. Unless you and your ex are in the small minority of being able to split without outside intervention, filing Florida contested divorce is your key to happiness.
Choosing the Best Boca Raton Attorneys when Getting a Divorce In Florida
No matter how common it has become, there’s no denying the fact that ending a relationship; especially a marriage, is one of the most difficult challenges faced in life. The term stressed doesn’t do any justice when it comes to Florida Family Law. Divorces legal jargon alone is enough to drive anyone off the deep end. While the process of coping with a Boca Raton divorce is uniquely personal, there are some universal guidelines. This usually starts with a reality check for divorced spouses.
The Best Advice to Consider When Getting a Divorce in Florida
You can help yourself out by accepting that your marriage is in the past and there’s a reason for that. If it was your call, it no doubt took a lot of courage. There’s no point in painfully recounting everything that could have been done differently. If you were on the receiving end of a divorce petition, it might be a little more painful. But, c’mon man. Brush your shoulders off and give yourself some credit. You have an opportunity to get a second chance at life. If you squander that, it’s nobody’s fault but your own.
Sometimes you have to take a leap and trust a Boca Raton Family Law attorney’s advice. After all, experience breeds wisdom and this is one area where deferring to an expert is key.
Getting a Divorce in Florida Shouldn’t Ruin your Life
The different kinds of dissolution of marriage is the tip of the iceberg when it comes to the confusion of getting a divorce in Florida. During this difficult time, it’s important to find the best Boca Raton divorce lawyers to meet your individual needs. Although the divorce rate in Florida is climbing, The Law Office of Jordan Gerber, P.A. recognizes the individual attention each and every client needs during this emotional process. If a combination of compassion and aggressive representation is what you want from a Palm Beach County divorce lawyer, your search is over.
Boca Raton Child Custody Issues Outside Of Florida Dissolution Of Marriage
It’s the public policy of Florida to assure that each minor child has frequent and continuing contact with both parents. Florida law requires that a parenting plan be filed on site in all cases involving a minor child. A Boca Raton parenting plan governs the relationship between the parties in making decisions about their child’s upbringing. The form must also include a detailed time sharing schedule. There’s no presumption for or against either parent or for or against any specific time-sharing schedule. This is true in both creating a parenting plan and when modifying a parents custody. This can be one of the most contentious areas of Florida Family Law. Consequently, it’s the subject of many divorce support groups which can be quite helpful.
Getting A Divorce in Florida When There are Child Custody Issues
The best interest of the child is the primary consideration when creating a Florida parenting plan. This is outside any other issues divorce may bring to the surface. Florida Statute contains many factors for a parenting court to consider:
- The demonstrated capacity of each parent to facilitate and encourage a close and continuing parent-child relationship.
- The anticipated division of parental responsibilities after the litigation.
- The demonstrated capacity of each courts parent to determine, consider, and act upon the needs of the child as opposed to their own.
- The length of time child has lived in a stable, satisfactory environment.
- The geographic viability of the parenting plan.
- The moral fitness of the parents.
- The mental and physical health of parent care.
- The home, school, and community record of the child.
- The reasonable preference of the child.
- Each parent’s desire and ability to be informed of the circumstances of the minor child.
Additional Factors to Consider Related to Children When Getting A Divorce In Florida
- The demonstrated capacity and disposition of each parent to provide a consistent routine for the child.
- The demonstrated capacity of each parent to communicate with and keep the other parent informed of the child’s issues and activities.
- Evidence of domestic violence, abuse or neglect.
- Evidence that either parent has knowingly provided false information to the court regarding domestic violence, abuse or neglect.
- The particular parenting tasks customarily performed by each parent.
- Each parent’s demonstrated capacity and disposition to participate and be involved in the child’s activities.
- The demonstrated capacity and disposition of each parent to maintain an environment free from substance abuse.
- The capacity and disposition of each courts party to protect the child from the ongoing litigation.
- The developmental stages and needs of the child and the demonstrated capacity of each parent to meet the child’s developmental needs.
- Any other factor that is relevant to the determination of a specific parenting plan.
Boca Raton Child Support Issues Presented During a Dissolution of Marriage
Florida Family Law states that child support is a right belonging to the child. Each parent has a fundamental obligation to support his or her minor or dependent child. Consequently, parents can’t contract away or waive their child’s right to support. Florida Family Law requires support be determined by guidelines based on the parents’ combined net incomes. There are many sources of income considered by Florida Statute in making these calculations:
- Salary or wages.
- Bonuses, commissions, allowances, overtime, tips, and other similar payments.
- Business income.
- Disability benefits.
- All workers’ compensation benefits and settlements.
- Reemployment assistance or unemployment compensation.
- Pension, retirement, or annuity payments.
- Social security benefits.
- Spousal support received from a previous marriage or court ordered alimony.
- Interest and dividends.
- Rental income, which is gross receipts minus ordinary and necessary expenses.
- Income from royalties, trusts, or estates.
- Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
- Gains derived from dealings in property, unless the gain is nonrecurring.
Contact Florida Family Law Boca Raton Firm The Law Office of Jordan Gerber, P.A. today to schedule a consultation and take the first step in regaining control of your life.
Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida.
Boca Raton Family Law Attorney Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
Contested Divorce In Florida
Uncontested Divorce In Florida
High Net Worth Divorce
Florida Alimony Laws
Division of Retirement Benefits
Legal Separation Agreement
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement