What You Need to Know About Divorce Laws in Florida
In Florida, when each spouse or both of the parties decided to suspend their marriage they need to file a petition for divorce. Since it is detrimental in the wholeness of a family particularly when there are children involved, it is important to carefully follow several legal considerations on how to deal a divorce case.
However, it is your utmost precedence that you know all your rights in Florida before filing a petition for divorce so you will know your position about the expected case and other vital information you needed during the divorce trial.
List of Divorce Laws in Florida:
Prior to Divorce Process
A divorce process will only commence in the state of Florida, if any spouse will file an appeal for divorce. It must contain indispensable information on the parties involved, information on placement, and the supposed grounds for the divorce.
The State of Florida necessitates that one spouse is a Florida resident for a minimum of six months before filing for separation case.
Two Important Grounds
The court in Florida will grant any pleading from a divorce petitioner if there is a claim that any of these instances mentioned below is present in the marriage:
1) Irretrievably broken
This ground suggests that when there is unfixable dispute for over years and cannot be resolved by any means between parties thereby, breaking the marriage down, a divorce pleading is established.
2) Mentally Incapacitated
When one spouse is proven to be debilitated physically or financially for a span of three years particularly in sustaining the family’s needs, a divorce petition will be allowed.
However, the court may summon a special committee in accordance with divorce law in Florida to scrutinize and prove whether the complaint is justifiable.
The court may assume that whenever there is a divorce process, marital property should be equally distributed between parties except when one party raises a case that unequal division is necessary. To address the matter, the court will consider various factors such as the years of marriage, how much each spouse brings in money to the family and several influential factors that will able the court to carry out justice.
Alimony is a form of allowance in which it is granted to either divorce party. However, the court may consider an array of factors particularly on the amount of alimony to be awarded including the current and potential salary of each party, years of marriage, assets, health status, and the age of both parties during the divorce period.
The Court of Florida may also settle which party is approved for child custody physically and legally with regards with minor children. The decision may rests upon the judge in determining what is best for the child/children. Although, parents in divorce trial is allowed to have an agreement with themselves regarding the custody, still the court will still execute a judgment in favor of the best interest for the child/children.
Alternatively, child support may be verified in terms of the parent’s income. It will be regulated in accordance with the number of children necessitating support. In the end, the ultimate sum of support is equally founded on partial percentage of the entire income of each parent.