Information About Obtaining A Divorce In Florida

It is a fact of life that about 34% of married people in the US get divorced. As far as obtaining in Florida is concerned the only right way to obtain involves a considerable amount of heartaches, headaches, and work. Here is some information about obtaining a divorce in Florida.

If there is no minor child involved, the process of obtaining a divorce in Florida is much easier. You don't have to get involved in the court system to determine custody issues and all you have to do is file a divorce petition. However, either spouse has to have been a resident of Florida for at least six months. The law in Florida is no fault divorce which means that you only have to proclaim irreconcilable differences in order to be granted a divorce.

You can obtain a divorce without a trial of you and your spouse submits a written consent form to the division of marital assets and the divorce. The court will probably order you to three months of marriage counseling prior to agreeing to the divorce if you or your spouse doesn't consent to the divorce.

In order to determine the custodial issues you will have to go to trial if you and your spouse have children together. Custody is known as timesharing schedules in the Florida court system. To determine the best schedule for your child or children, you and your spouse will have to work with your each of your attorneys. The family court will provide you with a schedule that they believe is in the best interest of the child or children if you and your spouse can't agree on a timesharing schedule. Rather than leaving it up to the court, it is much easier coming to an agreement with your spouse even if it is through your attorneys if required.

Prior to granting the divorce, a family court hearing will determine other custody issues, primary residence of the child or children, health insurance, and child support.

In Florida, unless there is a prenuptial agreement that determines otherwise, all items, assets, and property that were obtained during the marriage will be equally divided. However, all assets and income and assets that you obtained prior to the marriage will be exempt from the divorce proceedings. One spouse having a special reason to retain certain property is the only exception to the equal division rule and the Florida divorce court has to determine that. For instance, the court will probably grant the family home to the spouse who has the primary care of any minor children.

You need to obtain the advice of a divorce attorney prior to filing for divorce much that same as with any legal matter.

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