June 10, 2021
No one enters a marriage with the plan of divorce. Unfortunately, not all marriages work, and some may up divorcing. Divorce proceedings can be incredibly stressful—financially, physically, and mentally. It is not easy to get divorced. In Florida, there are many considerations to be made and requirements to be met before a divorce can be legally granted to the couple.
In this article, we will delve into Florida’s divorce process and talk about the various points you should understand before heading into a divorce:
1. Marital Assets and Liabilities
The Court will require a written agreement stating what assets or liabilities are marital. Marital items will be distributed as evenly as possible to the two parties unless otherwise indicated by a written agreement. If there is no written agreement, all assets and liabilities will be treated as marital and distributed as equally as possible.
Things get a little more complicated, however, when it comes to property acquired prior to or outside the marriage. A prenuptial agreement generally provides more clarity to which parties own what after the divorce. This is to avoid treating all assets as marital.
2. The resident requirement
A divorce in Florida requires one of the spouses to have resided in the state for at least six (6) months before filing. This can be provided in various ways, such as showing a Florida driver’s license, voter registration card, or other proof of residency such as a corroborating witness or corroborating affidavit.
This resident requirement exists because it allows Florida to be given jurisdiction over the subject matter of the case. If the Wife has lived in Florida for six months or more, and is a resident, but the Husband is in another state, Florida may not be able to order the Husband to pay the Wife alimony or distribute assets.
A divorce is a long and complicated process, lasting as long as a year or even more in some cases. Regardless, divorce always be done with the help of an experienced family lawyer. This will ensure that those pursuing a divorce can go through the process with appropriate representation. That being said, if you still have questions about a Florida divorce or need help with the process, do not hesitate to work with a divorce lawyer!
The Dorsey Law Firm (www.dorseylawjax.com) is a top law firm with expert law officers experienced in family law, criminal law, and more to provide clients with the services needed to navigate the legal system. If you are looking for top Jacksonville attorneys to help you through a divorce, contact us today!