It goes without mentioning that Divorce affects nearly every aspect of your life. Your sense of security is quickly uprooted. With a slew of emotions in the way, making decisions for important matters becomes seemingly difficult to bear. At Marrero, Serrano, Farah Law, LP, our Florida Divorce Lawyers are here to help you navigate through every aspect of your divorce in Miami. With our knowledge and experience, we are here to guide you through matters involving:
- Equitable distribution of marital property
- Equitable distribution of marital assets
- Child support
No divorce is ever the same. Even a simple divorce can make a turn for the worst unexpectedly. Don’t get caught off guard without the legal help of an experienced divorce lawyer who can defend you. Most couples who make the mistake of trying to take on their divorce without the help of an experienced divorce lawyer end up regretting the outcome. It’s in your best interest to have a knowledgeable divorce lawyer with the skill needed to protect your interest every step of the way.
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Are you Eligible to File for Divorce?
To file for Divorce in Florida, any one of the parties involved may initiate the proceedings by filing a petition with the court so long as they have resided in the state for at least six (6) months. Additionally, the proceedings must be filed in the county court where either party resides. There is an exception to this requirement for active military members who live in Florida but are currently stationed elsewhere.
What Are the Grounds to File for Divorce?
In Florida, the only reason that you must give to file for divorce is that your marriage is irretrievably broken; that the relationship is over and beyond repair. It is considered a no-fault divorce state. Rules change with incapacitated persons. If you are filing for divorce on that grounds that your spouse is mentally incapacitated, your spouse must be suffering from mental illness for no less than 3 years prior to the filing for divorce.
How Do You Initiate the Divorce Proceedings?
Once you are certain that you meet the eligibility requirements to file for a divorce in Florida, you may proceed to file the Petition for Dissolution of Marriage with the respective county court. Upon filing, you will become the Petitioner and your spouse will become known as the Respondent in the Divorce action.
The Petition will then need to be provided to the Respondent via a certified process server. Once they receive the Petition the law then requires that the Respondent filed an Answer to the Petition for Dissolution of Marriage and acknowledgment for acceptance of Service. If your spouse is unwilling to accept the service of the divorce papers or you are unable to locate them, your case then becomes more complicated. Serving the Petition on your spouse it’s a very important step to getting the case started. When the spouse avoids service, you must find other alternatives to properly serve the petition on your spouse. In these types of cases, it is always recommended to utilize the service of an experienced divorce lawyer to avoid unnecessary delays and/or costs.
As part of the Divorce, you will be required to provide a financial statement disclosing all information about your assets, including:
- Personal & Business Income
- Personal & Business Tax Returns
- Personal & Business Bank Statements
- Credit Card Statements
- Personal Financial Statements
Dividing Assets in Florida Divorce Proceedings
Florida courts do not divide separate assets such as property or money separately owned by one spouse. The court shall only divide marital assets and debts acquired during the marriage. Anything that involves a non-marital asset will not be taken into consideration. Non-Marital assets may include gifts, or inheritance received during the marriage, or anything obtained before the marriage. However, any property transfers to include your spouse on the title, in turn, creates a marital property and will be determined a marital asset by the court. Dividing property in Florida Divorce proceedings can be complicated as there are different factors the court can take into consideration. That’s why it’s important to have an experienced legal professional help you.
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FLORIDA DIVORCE LAWYERS IN MIAMI TODAY!
If you are going through a Florida Divorce proceeding and need experienced legal representation, our Florida Divorce Lawyers in Miami are prepared to help you. You can rely on our experienced Miami Divorce lawyers to help you obtain the best outcome for your specific situation. To learn more about our services and how we can help you, schedule a consultation now.
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