Florida divorce laws differ from those of the other states. Therefore it is important to consult a Florida divorce attorney and get is advice. If you live in Florida and planning to get a divorce, you must know about the following basic laws relating to divorce in Florida.
No Fault Divorce Law
Florida is a no fault divorce state where none among the couple is at fault. You do not need to blame your spouse or prove him/her fault. You just have to say your marriage should be broken. In Florida if you do not have any children and both the partners agree on the divorce, the court is likely to grant you the divorce without any further proceedings. However if you have children or any of the spouse does not agree on the divorce, then there will be further proceedings and steps for the divorce. You can consult your Florida divorce attorney for further counseling.
Residency Requirement of Florida
In order to file a divorce, one of the spouses must have stayed in Florida for at least half a year and must possess Florida Drivers license as evidence.
Finding your Spouse
Even if you are unable to locate your spouse, you can still manage to get a divorce in Florida. For this you must convince the court that you have made a good faith attempt to find your spouse. This means you are agreeing that you gave a notice in the newspaper about your spouse. You can contact his friends and family. And thirdly you need to contact the Motor Vehicles department. After that, you will be required to file a pleading to the court. The judge will tell you whether the divorce can be finalized or not.
Property Division on Divorce
The non marital property is not a problem. Both the spouse can keep their non marital property that the owned before marriage. As far as the marital property is concerned, that needs to be divided equally. If there are clashes or disagreement by the couple of the division of their marital property, the court will attempt the equal distribution of that property.
Child Custody Process
Florida court considers the set interest of the children. If the couples cannot make out the custody issue then it is decided by the court. Florida courts normally believe in joint custody of child support. This means that there is equal responsibility shared by both parents. However one may have the child more than the other. Florida has strict laws when it comes to child support and custody. It involves the income of both the parents. The couple shares the expenses on childrens care, education, health insurance, etc.
You can further get assistance about the divorce laws by consulting a Florida divorce attorney. It is important to be well aware of the laws in order to be mentally prepared and to avoid any confusion later.