Making the Decision to File for Divorce
If the couple decides that their marriage is "irretrievably broken" even after discussing their issues with a professional, they may file for divorce. Either the husband or the wife can file for divorce in Florida. Under state law, neither party needs to be at fault for the divorce.
In order to file in Florida, at least one party has to have resided in the state for the six months prior to filing. The difficult part comes with determining what this means for the family and assets that the couple has shared.
Aspects of Filing for Divorce
During a marriage, a couple may begin a family or decide to buy a home. There are many aspects of the relationship that have to be divided when the couple decides they don't want to continue their lives together.
Important things to consider in a divorce include:
If the couple disagrees on any of the above issues, they may need attorneys to help during divorce proceedings. The time it takes to get divorced depends on whether or not the couple can work towards a compromise.
Married business partners might have special considerations if they are experiencing a divorce. Click here for more information on how business is affected by divorce.
Regular vs. Simplified Dissolution of Marriage
Regular dissolution of marriage involves one spouse filing papers to begin divorce proceedings. The other spouse has 20 days to respond to the petition and mention anything they disagree with or wish to add. Both parties may be required to provide financial information to the court, especially if one party requests alimony or child support.
This form of divorce may require mediation. Mediation is a meeting between you, you lawyer, your spouse, and their lawyer. A mediator helps you work through the contentious issues of divorce, such as custody, alimony, or property division.
Simplified dissolution of marriage is for couples who decide to pursue divorce without legal representation. They are required to file all of the necessary paperwork and appear before a judge in order to have the agreement finalized. This option is only available to couples who agree to use the procedure, have no minor or dependent children, they have agreed on how to divide their property, and neither party seeks alimony.
Compromise for Divorce Settlement
When the two spouses are able to work through their differences, their attorneys work to develop paperwork that makes this agreement official. To finalize a divorce, the couple and their lawyers appear before a judge and submit an agreement. If the couple can not agree, the judge may make certain decisions for them.
Divorces never really leave people "happy" with the result. Instead, each person tries to get through the proceedings with the least emotional damage possible.