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Florida Divorce Laws and Finding a Top Divorce Attorney If you have been thinking about filing for divorce in Florida, there are a few things you should know before you begin. There are certain regulations in place, detailing the residency restrictions, general grounds for divorce that can be cited, among other rules regarding property division, child custody and alimony. Below are a few facts every couple should know before petitioning for a dissolution of marriage in Florida: Residency Requirements for Divorce Petitions in Florida In order to obtain a dissolution of marriage in Florida, one of the parties must have lived in the state for the immediate six months prior to filing the petition. Proceedings for divorce will begin with one spouse filing in the circuit court where either spouse resides. No final judgment of dissolution of marriage can be entered until at least 20 days have passed from the date the petition was filed. However, if the court finds that any injustice occurred, such as abuse, a final judgment on the dissolution may be entered earlier than 20 days. Legal Grounds for Filing Divorce in Florida A divorce in Florida may be granted on the following grounds:
- The marriage is irretrievably broken.
- Mental incapacity of one of the spouses for at least 3 years.
Property Distribution When it comes to distributing property during divorce, Florida is considered an equitable distribution state, which means property and assets acquired during the marriage will be divided on an equitable basis. The court must begin with the premise that the distribution of the assets should be equal, unless there is justification otherwise for reasons such as:
- The duration of the marriage
- Each party’s income
- The contribution of each spouse to the asset in question, etc.
Child Custody Laws in Florida In Florida, a divorce court will determine legal custody of the child or visitation rights depending on the best interest of the child. No one parent will be favored over another. Factors that will be taken into account include the relationship of the parent and child and whether any abuse has happened. However, when it comes to such critical matters as child custody or property distribution, parties aren’t always willing to cooperate and may often give false testimony to cheat the other out of their rightful benefits. In order to ensure that your rights are fully protected during the divorce and settlement process, hire an experienced Florida divorce lawyer to help you throughout the case. Florida divorce attorneys will help you with every aspect of the case and will see to it that proceedings resolve as quickly and favorably as possible. But finding a skilled divorce lawyer in Florida isn’t always easy. There are hundreds of attorneys to choose from, so how will you know which one is best for you? Divorcelawyersnow.org can help.