How is divorce initiated in Florida?
By filing a petition for dissolution of marriage, one of the great things about Florida is that it’s a no-fault state, so you can file for divorce against your spouse for whatever reason you may have. Basically, it’s just stating the fact that you just don’t get along with each other anymore. That’s enough to file a divorce in Florida.
How are assets split in a divorce?
Assets are split equally in the divorce. Florida follows the equal distribution of assets and liabilities, so the assets will be distributed equally among each party to ensure that each party has the same amount.
I am getting a divorce. Do I need to hire an attorney?
I would recommend hiring an attorney because, in the divorce, everything has to be split equally. You have debts, you have assets. If you have a mortgage on your home if you have equity in your home if you have a car. If you have children, you have child support. They can help facilitate the division of all these assets and debts, and they can also help facilitate a reasonable time-sharing plan and child support for the children if they’re involved as well.
What is a marital settlement agreement in a divorce in Florida?
This is an agreement that the parties enter into when they’ve agreed on all the issues in the divorce. They’ve agreed on how the property will be distributed, who’s going to keep the houses, who’s going to keep the cars, how the debts are going to be distributed. If they agree on all the aspects and how everything’s going to be distributed and who’s going to take what, they put that into a marital settlement agreement that they’ve agreed upon those things, and then they submit it to the court, so the court can approve it and make it final.
How is legal separation different from a divorce?
In Florida there is no legal separation, there is only divorce, so I would recommend speaking with an attorney if you’re thinking about divorce, or some type of separation because you have assets and liabilities that continue to accrue until the date you file for divorce. If you are thinking about that, I would speak with an attorney because the assets and liabilities would continue to accrue, there is no legal separation, so if you’re separated for two years and you win the lottery, that would be a marital asset.
In my Florida divorce case, what is a petition?
A petition is the piece of paper that initiates the action, that’s the one that you’re filing with the court, telling the court that you are married and now you want a divorce. That petition is also going to be the paperwork that is served and given to the other party to let them know that you filed for divorce and put them on notice that there is going to be a divorce action pending against them.
In my Florida divorce case, can we decide ourselves how to divide our property?
You can decide yourselves. You can decide on the property distribution, the debt distribution, and you would put that all in an agreement. You would submit it to the court that you’ve agreed on how everything will be distributed, and they will approve that as the final order.
In my Florida divorce case, does the mediator meet with the spouses separately or together?
It all depends on what the parties’ preference is. The parties could be in the same room with the mediator and you can conduct the mediation with all parties together, or, if the parties do not wish to be in the same room together, then you can be in separate rooms and the mediator will meet with each party separately and go back and forth to the rooms to discuss their issues to try to come to a resolution. It’s all your preference and what you feel more comfortable with.
What if my spouse cannot be found or evades service of the divorce papers?
Florida law does allow an alternative for this if they cannot be found. There’s a avenue of publication, meaning you would publish in the newspaper for two consecutive weeks the style of the case, letting the party know that a suit has been filed against them for divorce, and once you do that for two weeks, that would be considered proper service of notifying the other party of the action.
What happens to joint debts when we divorce in Florida?
The joint debts are distributed equally just as assets are distributed. Florida goes by equal distribution, meaning all the assets, all the debts, all the liabilities are divided equally amongst the parties so each party is responsible for them.
Is it illegal to get remarried before my divorce is final?
It is illegal because before the divorce is final you are still legally married so you cannot be married to two people at the same time. They will not issue a marriage license if you’re still married. You have to wait until the final judgment is done to finalize the divorce so you’re no longer married before you can remarry.
Can I go back to my maiden name after my divorce in Florida?
Yes. You can. You just need to make sure that when you get your divorce that it’s requested in your final judgment so that when you go to change your name, they have a court order allowing you to change your name back.