Are you planning to get a divorce with your partner in Florida? If so, you need to be aware of the process before consulting a lawyer. Doing a research will save you a substantial money and time in the long run.
It is crucial to consider how a divorce for a Florida resident will modify your taxes. Dependence deductions for kids, taxability of alimony payments, and property transfers might all impact your tax filing status.
Did you know that any debt incurred before the marriage isn’t considered while separating debts? If you and your spouse are listed on the mortgage, the court might order both of you to divide the debt or to sell the home and split the proceeds (or remaining debt).
The court will want to be aware of all of your assets in order to properly separate them between you and your spouse. Make copies of mortgage documents, bank statements, tax returns, and other financial data. Doing this will save you money and time throughout the divorce process. You should also take inventory of your major family possessions and household items.
In Florida, divorce laws include child support guidelines which judges utilize to determine the support required for a shared child and how much each parent should be providing towards the welfare of the child.
If you and your ex-spouse cannot come to an agreement on child custody, or rather time-sharing as it is now called in Florida, the court will decide time sharing arrangements based on what they believe is in the best interests of your children. The court will take many factors into consideration such as work schedules and the ability of each parent to provide a safe and stable home.
Alimony is an extension of the obligation to support one another financially after the marriage is dissolved. In Florida, alimony is not usually granted except under certain circumstances. When determining to grant a request for alimony, the court will factor include the age and physical condition of the spouses, the length of the marriage, and the standard of living throughout the marriage. Also, specific clause made in a pre-nuptial agreement may also determine if alimony, and how much, will be paid.
Dividing of Marital Assets
Any debts or assets collected throughout the marriage are known as “marital assets” and they will be distributed equitably, or fairly, upon divorce – and that does not necessarily mean equally. The judge will take into account both you and your spouse’s economic situations as well as the contributions each made to the marriage when dividing marital assets. Pre-nuptial agreements are beneficial in these cases because they typically outline the division of most marital assets. An example of equitable distribution would be granting the mother the house and car if she will be the primary provider for the shared children.
Typically, any assets you had before getting marriage are considered “non-marital assets” and remain yours post-divorce, however, arguments can be made by the other spouse to include them with the marital assets.
Starting the Process of Divorce for Residents in Florida
Also referred “dissolution” of the marriage, divorces in Florida are legally initiated when you and your spouse files for a Petition for Dissolution of Marriage. In order to be eligible to file for divorce in Florida, you or your spouse must be a resident of the state for at least 6 months.
Hiring a divorce attorney is optional but is very beneficial if you have many assets you wish to protect, shared children, or you know your spouse will fight you every step of the way.
When the petition is filed, either by you or your hired divorce lawyer, the court will then serve the divorce paperwork to the other spouse and offers him or her time to answer.