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The nature of divorce is often a troubling and emotionally devastating experience that leaves families with many questions about what the future holds, which is why a Broward County divorce lawyer here at The Finizio Law Group, P.A. is here to help provide the clarity you need. We understand just how much is at stake, and you have our pledge to handle your case with care. Contact us today to learn more about divorce in Florida and how our compassionate legal team can assist you.
Divorce is a complex and life-altering process. It is a big decision for a couple that carries a lasting impact on the familial structure, and it can be difficult to proceed with a clear mind. There are many intricacies to divorce and family law in Florida that you should be aware of when you have decided to undergo divorce. An experienced Broward County family law attorney here at The Finizio Law Group, P.A. is prepared to effectively take you through each step of the process ahead.
Florida is a no-fault divorce state, which means that divorce is not considered the fault of either party. You cannot file for divorce under traditional grounds such as adultery, abandonment, or cruelty; however, a reason for the dissolution of marriage is still required. To pursue a divorce in Florida, you must show that you have been a resident for at least six months prior to filing. In addition, one of the two parties must show that the marriage is irretrievably broken.
In Florida, couples may pursue either a regular dissolution of marriage or a simplified dissolution of marriage. A regular dissolution of marriage consists of either a contested divorce or an uncontested divorce. A contested divorce occurs when spouses cannot agree on the division of marital property, marital debts, issues involving minor children, and other major concerns. To undergo an uncontested divorce, both parties mutually agree on the specifics of these issues through a marital settlement agreement. A compassionate Broward County divorce lawyer will work closely with you to protect your interests in divorce and work toward amicable terms.
Some couples may be eligible to file for a simplified dissolution, or simplified divorce. These are designed for couples who may choose against seeking the aid of an attorney. As part of a simplified divorce, couples must correctly file all necessary documents and appear before a judge when the final dissolution is granted. Although this may be a viable option, legal counsel is strongly advised to resolve issues regarding property division, child support, child custody, time-sharing, and many other legal issues that will arise along the way to ensure the best possible results for you and your family.
For most people, in the months or years after a divorce, their lives change. This is understandable, and at times, a significant change may warrant a modification to the initial divorce agreement so that it better reflects the individual’s current situation. Fortunately, Florida courts hold that former spouses can seek a modification to their initial divorce agreement as long as they can prove there has been a significant and lasting change in circumstances. Some of the divorce terms that most commonly require modifications are as follows:
Oftentimes, a divorce agreement will determine an alimony structure that both spouses must follow. In these agreements, the financially dependent spouse will receive alimony payments from the financially independent spouse. That being said, certain circumstances may warrant a modification to alimony agreements, including the following:
Florida courts make all decisions regarding child custody according to what they believe is in the child’s best interests. Not only will they consider your child’s best interests when determining your initial custody agreement, but they will also do so if you seek a modification to your custody agreement. Some of the scenarios that may constitute a child custody modification are as follows:
There are several circumstances that may even warrant the modification to a child support agreement, some of which are as follows:
Q: How long do you have to live in Florida before filing for divorce?
A: To file for divorce in Florida, at least one spouse must have been a resident of the state for six months before starting the process. Residency is typically proven with a valid Florida driver’s license, voter registration, or testimony from a credible witness confirming residence.
Q: What does it mean that Florida is a no-fault divorce state?
A: In Florida, divorces are not granted based on fault such as adultery or abandonment. Instead, the only grounds are that the marriage is “irretrievably broken” or that one spouse has been mentally incapacitated for at least three years. This makes the process less focused on blame.
Q: What is the difference between contested and uncontested divorce?
A: A contested divorce occurs when spouses disagree on key issues like property division, custody, or alimony. An uncontested divorce means both parties agree on all terms and submit a marital settlement agreement. Uncontested divorces generally move faster and are less costly to finalize.
Q: Who qualifies for a simplified divorce in Florida?
A: Simplified divorce is available for couples without minor children, without ongoing pregnancy, and when both spouses agree that the marriage is irretrievably broken. Both parties must also agree on property division and waive their right to a trial or appeal. It is generally faster than a regular divorce.
Q: How is marital property divided in a Florida divorce?
A: Florida follows “equitable distribution” rules, meaning property is divided fairly but not always equally. Courts consider factors like each spouse’s financial situation, contributions to the marriage, and future needs. Marital property includes assets and debts acquired during the marriage, while separate property usually remains with its original owner.
Q: How is child custody determined in Florida?
A: Florida courts decide custody based on the best interests of the child. Factors include each parent’s ability to provide a stable home, the child’s relationship with both parents, and each parent’s willingness to support the child’s relationship with the other parent. The law encourages shared parental responsibility whenever possible.
Q: Can a child support order be modified after divorce in Florida?
A: Yes, child support may be modified if there is a substantial and lasting change in circumstances. Examples include changes in parental income, altered time-sharing schedules, or new needs for the child such as medical or educational expenses. Courts will reassess the order to reflect the new reality.
Q: What types of alimony are available in Florida divorces?
A: Florida courts may award several types of alimony, including temporary, rehabilitative, or durational alimony. The type awarded depends on the length of the marriage, each spouse’s earning capacity, and financial needs. Judges also consider contributions to the marriage, such as homemaking or supporting a spouse’s career.
Q: How long does a divorce take?
A: The timeline varies depending on whether the divorce is contested or uncontested. A simplified or uncontested divorce can sometimes be finalized in a few weeks. Contested divorces, however, may take several months or longer due to court schedules, discovery, and negotiations over disputed issues.
Q: Do you have to go to court for a divorce?
A: Most Florida divorces require at least one court appearance for the judge to finalize the dissolution. In uncontested or simplified cases, this is often brief. In contested divorces, multiple hearings may be required to resolve disputes over child custody, property division, or financial support.
At The Finizio Law Group, P.A., we understand that this is a troublesome moment in your life. We are dedicated to helping your family smoothly navigate divorce and set terms for a bright future. Our divorce attorneys have helped families pursue divorce and resolve family law issues in Florida for over 35 years. Allow our attorneys to help your family; call 954-833-0200 for a free legal consultation today, or simply contact us online. We are prepared to assist you through every step of the legal process ahead.
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