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Getting a divorce in Florida

On Behalf of | Sep 22, 2022 | Divorce |

When couples in Florida think of divorce, they likely think of a messy and heated dissolution. While this might be the case in a complex divorce matter, the divorce process could be a civil and straightforward process for those who decide to work together to end their union.

What is a simplified dissolution of marriage?

In simple terms, it is just that. A simplified procedure to end a marriage. In Florida, a simplified dissolution is available for spouses if they both agree to this procedure, they have no minor or dependent children, they have no adopted minor children, the wife is not pregnant, at least one of the parties have lived in the state of Florida for the past six months, the parties have agreed on the division of their assets and debts and both parties agree that the marriage is irretrievably broken.

How property is divided in Florida

The state of Florida is an equitable distribution state. This means that if the couple cannot reach an agreement on their own, the courts will divide the marital property in a way that it believes to be fair. Unfortunately, a fair distribution does not always mean an equal split. This is because the court considers certain factors concerning the marriage.

The court will look at the contribution to the marriage each spouse made, the economic circumstances of the parties, the duration of the marriage, any interruptions to personal careers or educational opportunities by either spouse, the desirability of retaining certain assets, the desire to retain the marital home and other factors the court deems necessary for an equitable distribution between the parties.

The divorce process is not easy, even if it is completed through the simplified proceeding. There is a lot of consideration that goes into moving forward with a divorce, making it imperative to understand the applicable laws, your rights and what options you have.

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