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  • Deena Soliman Braun

Navigating the Waters of Divorce: What to Expect When Starting a Divorce in the State of Florida

Introduction Facing the prospect of divorce can be emotionally challenging and overwhelming for anyone. If you find yourself contemplating or starting the divorce process in the state of Florida, you might be unsure about what lies ahead. In this article, we'll provide you with a comprehensive guide on what to expect when beginning a divorce in Florida, empowering you with the knowledge to make informed decisions during this sensitive time. Residency Requirements Before initiating a divorce in Florida, it's crucial to meet certain residency requirements. Either you or your spouse must have been a resident of Florida for at least six months before filing for divorce. Ensuring you fulfill this requirement will be the first step in the process. Grounds for Divorce Florida is a "no-fault" divorce state, meaning that you don't need to prove any specific wrongdoing by either party to obtain a divorce. Instead, you can simply cite "irreconcilable differences" as the grounds for your divorce. This approach helps to reduce conflict and streamline the process, focusing on a peaceful resolution instead of assigning blame. Filing the Petition To start the divorce process, one spouse (the petitioner) files a Petition for Dissolution of Marriage with the family court. This legal document outlines the basic information about the marriage, including names of both parties, any children involved, and the reason for seeking a divorce. Once the petition is filed, it must be served to the other spouse (the respondent), who then has a specific period to respond to the petition. Temporary Orders and Mediation During the divorce process, temporary orders may be necessary to address immediate concerns, such as child custody, support, or alimony. Mediation is also a necessary step in Florida divorce cases, where both parties work with a neutral mediator to negotiate and find agreeable solutions to the key issues. Child Custody and Support In Florida, the court prioritizes the best interests of the child when determining custody and support arrangements. Both parents are encouraged to continue being actively involved in the child's life, and the court aims to establish a parenting plan that supports this goal. Child support is calculated based on specific guidelines, taking into account each parent's income and expenses. Division of Assets and Debts Florida follows the principle of equitable distribution when dividing marital assets and debts. This means that property and debts are divided fairly, but not necessarily equally. Factors like the length of the marriage, each spouse's financial contributions, and non-economic contributions to the family will be considered when making these determinations. Trial or Settlement If both parties are unable to reach a mutually acceptable agreement through mediation, the divorce case may proceed to trial. During the trial, each party presents their case, and the judge will make decisions based on the evidence presented. However, most divorces are settled outside of court, as this approach tends to be less time-consuming and less costly. Conclusion Starting a divorce in the state of Florida may seem like an intimidating process, but understanding what to expect can ease some of the stress. Remember, seeking the assistance of an experienced family law attorney can make a significant difference during this emotional journey, ensuring your rights are protected and helping you achieve the best possible outcome. Though divorce is undoubtedly challenging, it can also mark the beginning of a new chapter filled with hope, growth, and the opportunity for a brighter future.
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