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A guide to understanding Florida divorce laws

On Behalf of | Oct 4, 2021 | Divorce |

In Florida, divorce cases are usually no fault-based. In such cases, one spouse does not prove their partner is at fault for the marriage failure. Frequent conflict, for example, is appropriate grounds for no-fault divorces. Below are some of the main criteria to understand in this process.

Conditions for divorce

The divorce laws in Florida are strict on residency. The person filing the petition must have been a resident of the state for at least six months. It’s worth noting that if only one spouse is a resident in Florida at the time of filing, this fact does not grant them any favors or advantages in the ruling.

There is also a mandatory waiting period before the hearing. Once the court receives the divorce petition, it allows the couple time to reconsider before coming to a final decision on the divorce. Some couples reconcile within this period. However, if after 20 days they still want to divorce, the process continues.

The divorce process

The state of Florida has specific procedures to follow if you and your spouse want a divorce. You should start by submitting your request and describing the current marriage situation, why you want to divorce, as well as your shared plans for child custody and division of property. Include any significant issues affecting your marriage, and why you arrived at divorce as a remedy.

Even if you and your spouse have already reached an agreement on all of the central issues surrounding your divorce – such as spousal support, child custody and property division – it is always advisable to work with an attorney to ensure you are getting a fair deal and you have not overlooked any crucial detail. If you and your spouse are not on the same page about your divorce, then legal counsel can become even more important in negotiating a settlement that serves your best interests.