Going through a divorce is rough. There are many things you must look over, and it can all get overwhelming very quickly. The law experts at Arturo R. Alfonso, P.A. are here to make sure that you get all the information you need to make divorce in Florida, much easier. We are proud to offer divorce lawyers in Miami free consultation.
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- Requirements for Florida Divorces
- If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state. If both you and your spouse agree that there are “irreconcilable differences,” and there should be a divorce, you can agree in writing to end the marriage. If one of you denies that the marriage is broken beyond repair or you have a child, the court may order counseling with a marriage counselor, priest or rabbi, or psychologist for up to three months.
- How to Begin the Process of Divorce for Florida Residents
- Also called a “dissolution” of the marriage, Florida divorces legally begin when you or your spouse files a “Petition for Dissolution of Marriage” with the Family Department of the local circuit court. The court serves the other spouse with the paperwork and gives him or her time to respond. If both you and your spouse agree on how to divide property, debt and responsibilities for any children, the divorce can be finalized without a trial. Otherwise, the court will assign a time for a hearing.
- Marital Assets
- Any assets and debts amassed during the marriage, referred to as “marital assets,” will be divided “equitably,” or fairly, upon divorce. Any assets you had before marriage may be considered “non-marital assets” if they were kept separated from property acquired during the marriage. You and your spouse can each retain your non-marital assets.
- Dividing of Marital Property
- Judges will divide assets equally unless there is a basis for an unequal distribution. The judge will consider both you and your spouse’s economic circumstances and the contributions each of you made to the marriage (including care for children and your marital home). If either you or your spouse wants to keep your marital home to live in with a child from the marriage, that may also be a factor for an unequal distribution.
- Alimony is an extension of the obligation for spouses to support each other financially during the marriage. In divorce laws in Florida, a court can order alimony if it is “well-founded.” Factors the courts will look at include: the standard of living during the marriage; the length of the marriage; and the age and physical condition of each spouse.
- If you and your spouse cant come to an agreement on child custody, the court will make a decision based on what is in the “best interests” of the child. Unless there is a reason that it would be detrimental to your child’s upbringing, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility for specific aspects of a child’s welfare, such as primary residence, education, or medical care. The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child, and the preference of the child, among other factors.
Divorce Lawyers in Miami Free Consultation
The law firm of Arturo R. Alfonso P.A. has provided legal service to the Miami, FL area for more than 25 years. Arturo Alfonso offers personalized, committed legal representation at competitive rates. Local residents continue to choose Arturo R. Alfonso’s law firm for superior attention to detail and unparalleled customer service.
Call Our Family Attorney Today!
Arturo R. Alfonso, P.A. is experienced in splitting assets. When it comes to filing for divorce in Florida, our family attorney has you covered. Dealing with divorce should not be so stressful, and we are here to help. Call or visit us today for more information, Miami. We are divorce lawyers in Miami free consultation.