If you’re looking to pursue a divorce in Florida, the good news is that you aren’t required to have very extensive grounds for your filing. The Florida Bar says that, “In Florida, a divorce is called a ‘dissolution of marriage.’ Florida is one of the many states that have abolished fault as a ground for dissolution of marriage.”
Florida is a “no-fault” divorce state, meaning that the only thing an individual filing for divorce must allege is that the marriage is “irretrievably broken.” This basically just means you’re claiming that the the marriage is completely over and the parties no longer want to be together. Either spouse may file for divorce. There are only a few additional requirements for filing for divorce in Florida – at least one of the spouses must live in Florida for at least six months before the couple can file for divorce, and you must prove that the marriage existed in the first place.
However, DivorceNet points out that while no “fault” is required to divorce, grounds such as adultery might impact division of marital assets and so on.
What Kind of Divorce Should I File For?
This decision is based on whether both parties desire for divorce or not. The State of Florida allows for two kinds of divorce – contested and uncontested divorces. An “uncontested divorce” is the best choice for when both parties agree to every issue and term in a divorce case. With this level of agreement, the parties can immediately expedite their case to the last stages of resolution. This is the simplest and fastest type of divorce.
But just because Florida is a no-fault divorce state doesn’t mean your spouse will accept your decision to divorce, or comply with the terms you think are fair. A “contested divorce” is when the parties are in disagreement over any issue in a case, such as: child support, child custody, equitable distribution of property, alimony, and more. A contested divorce is more complex and may ultimately require mediation or even a trial.
When Do I Need a Divorce Attorney?
It’s easy to see why an attorney would come in handy in a contested divorce, but what about an uncontested divorce? Read on before deciding to proceed without an experienced divorce attorney! Whether your divorce is contested or uncontested, you will likely want the help of an experienced divorce attorney to ensure that making your divorce official is as least stressful as possible. The Florida Bar goes on to point out that one of the many reasons an attorney is so useful is that many individuals don’t realize their legal rights and obligations when going through a divorce. Without an attorney’s help you might either 1) miss out on benefits and rights you are legally entitled to, and 2) unknowingly make a mistake the process of solidifying agreements regarding alimony, child custody, wills, trusts, retirement savings, your estate, and more! Even small mistakes or overlooked details can turn into headache and heartache down the road. Why risk it? Whatever your divorce situation, we’re here to help! Contact The Law Offices of Michael M. Raheb, P.A. today by calling us at 239-226-0888 or contacting us online!
The Law Offices of
Michael M. Raheb, P.A.
2423 First Street,
Fort Myers FL 33901
Fax Number: 866-949-0888