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Six Things You Should Know About Florida Divorce

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After months of evaluating the relationship, you realize that a divorce is in your best interest. Coming to this decision was difficult, and unfortunately, the divorce process is also complicated. However, Owenby Law is here to help! This blog post will cover six things you should know before proceeding with your divorce.

What Are the Eligibility Requirements for a Florida Divorce?

You may be surprised to learn that your situation must be eligible for a Florida divorce.

How Long Do You Have to Reside in Florida to Get a Divorce?
  • To file a divorce in Florida, one of the two parties must have lived in the state for at least six months before filing.
  • Additionally, the person filing the divorce must do so in the county where the living requirement is fulfilled. However, if you are a military member who resides in Florida but is stationed outside of the state, you are still eligible to file for a divorce in Florida.
  • The divorce must be filed in the Florida county where the two spouses reside.

Is Florida a No Fault Divorce State?

Florida is a no-fault divorce state, which means you can file for a single reason: You want your marriage to end. As anyone can show the court that they want to be out of a relationship, practically anyone eligible for a Florida divorce can obtain one. Therefore, a spouse who doesn't want a divorce can't legally stop a divorce from happening.

Related Article: What Happens When One Spouse Doesn't Want a Divorce?

How Are Assets Divided in a Divorce?

Florida is an equitable distribution state which means that the distribution of assets and property division is based on fairness, not equality. To simplify, equitable distribution does not imply a 50/50 split of assets and property. Many potential roadblocks can give one spouse more assets than the other, which is why it's critical to have an experienced divorce attorney in your corner to protect your rights and the assets you've accrued in the marriage.

Related Article: What You Need to Know About Divorce and Dividing Assets

How Is Debt Divided in Divorce?

Equitable distribution also plays a role in debt division. While every married couple has different debt situations, some of the most common types of debt that are divided in a divorce are the following.

Types of Debt:
  • Student loans
  • Mortgages
  • Car loans
  • Credit card debt

Before debts are split in a divorce, the Florida courts will take a look at these three debt categories.

Categories of Debt:
  • Premarital debt: debt incurred by one spouse before the marriage
  • Non-marital debt: debt that is only in one spouse's name.
  • Marital debt: debt incurred by both spouses

Figuring out who is responsible for debt is one of the most contentious issues in divorce. There are many factors that the courts consider when it comes to dividing debt.

The Court Might Consider:
  • Current and future earnings of each spouse
  • The marriage situation (e.g., Did one spouse leave a career to raise children?)
  • Circumstances surrounding each debt

How Alimony is Calculated?

Navigating the area of alimony in Florida can be complicated, riddled with many different financial factors for each party. Determining which spouse is entitled to alimony and how it's calculated means examining things like the standard of living developed during the marriage, length of the marriage, each spouse's contribution to the marriage, tax consequences, the amount of time one spouse can receive alimony, and more.

Which Spouse is Responsible for Child Support?

Each parent is responsible for their minor children's financial welfare. When one child lives with one parent significantly more than the other, or one parent pays the majority of the expenses for the child, the other parent will most likely be responsible for paying child support. For more information on how child support is calculated, contact an experienced child support attorney for more information.

Considering Divorce? Owenby Law, P.A. Is Here for You

If you're ready to file your divorce, our firm can help! Our attorneys have served clients in Jacksonville, Orange Park, St. Augustine, Fleming Island, and surrounding areas. With decades of family law experience, you can trust us with your case!

Call (904) 770-3141 or fill out this short form now for a free initial consultation for your case!