Florida is a No-Fault Divorce State
Since 1971, Florida has been a no-fault divorce state. Any spouse can file for divorce by stating the marital relationship has broken down and there is little chance of reconciliation. When filing for divorce, spouses do not have to prove their spouse was responsible for the breakdown in the marriage. Likewise, a spouse can get a divorce even when their spouse does not agree to it.
Florida Law has Residency Requirements
To get a divorce in Florida, you must live within the state. At least one spouse must have lived in the state for at least six months. Spouses must also file for divorce in the county in which they reside and can prove a physical address. The petition can also be filed in the county the couple lived in as a married couple.
You Can File for Divorce Even if You Cannot Locate Your Spouse
Sometimes, a couple separates for a long period of time before they decide to finalize that separation. During that time, one or both spouses may move, perhaps even out of state and their spouse no longer knows where they live. If you do not know where your spouse lives, you must make a good faith attempt at locating them. After an attempt to find them, you can still get a divorce if you cannot find your spouse.
You Can Keep Non-Marital Property After Divorce
It is true that property is divided in a divorce, but that only refers to marital property. Marital property includes any property you and your spouse acquired together during the marriage. Non-marital property, on the other hand, includes assets and liabilities you brought with you into the marriage. A Florida family lawyer can help you determine what property is subject to property division.
The Court May Order Mediation
Family law courts are notorious for being back-logged, and judges typically want couples to resolve disputes outside of the courtroom when possible. Due to this, the court may order that you try mediation or other alternative dispute resolution methods before entering litigation.
Our Florida Family Lawyers Want to Help with Your Case
It is important to know the laws that govern divorce in Florida before entering into the process. In addition to the above laws, there are many others as well and it is helpful to work with a Tampa family lawyer when going through the process. At All Family Law Group, P.A., we can answer all of your questions, explain the law as it applies to your case, and help you obtain the fair settlement you deserve. Call us today at (813) 672-1900 or fill out our online form to schedule a meeting with one of our attorneys.