Home

Attorney Profile

Practice Areas

Family & Marital Law

 

Adoption

Collaborative Resolution

Dependency

Dissolution of Marriage

Domestic Violence

Enforcement/Modification

Paternity

 

Collaborative Law

Personal Injury

 

Auto Accidents

Dog Bites

Slip & Fall

 

Workers' Comp

Resources

Contact Us

SE HABLA ESPANOL
ON PARLE FRANCAIS
NOU PALE KREYOL

Dissolution of Marriage


The breakup of a family is a traumatic, life-altering event.  Often the disputes between a Husband and Wife are volatile and full of raw emotions.  The thought of “sharing” your children as well as the financial consequences of divorce can be trying and difficult. Surround yourself with family and friends who can support you during this time.

Also, keep in mind that divorce is a legal process with consequences that will have a direct impact on you, your children and your future.  It is important that you know your rights in order to protect your interests. 

Our goal on this page is to help you understand the legal terminology and what you need to be aware of in moving forward with a divorce.  This page is NOT intended to give legal advice.  In order to ensure that all of your interests are protected, you should seek the advice of an attorney. 

DIVORCE

In Florida, a divorce is referred to as a Dissolution of Marriage. Florida offers a no-fault divorce and there are no legal separations.  You must be a resident of Florida for 6 months prior to filing for divorce.



MARITAL SEPARATION AGREEMENT

Although Florida does not recognize a formal legal separation, some parties find it helpful to resolve their differences through a marital separation agreement.  The Agreement can be a full resolution of the issues, such as children’s issues or property issues, or it can be a partial resolution of the issues.  You can negotiate a marital separation agreement prior to filing for divorce or after you have filed for divorce.  Once you have an agreement signed by you and your spouse, and you are ready to move forward with the divorce, you can file the appropriate paperwork for the Judge so that he/she can enter the Divorce Decree.


CUSTODY/VISITATION

There is no such thing as custody or visitation in Florida.  However, we do have parental responsibility, time sharing and you must develop a parenting plan that is based on the best interest of the child. 

CHILD SUPPORT

Child support is based on the premise that both parents equally share a duty to support their children.  The award of support to one party for the benefit of the children is based on monetary need and ability to pay.  Child support is calculated based on very specific guidelines found in the Florida statues.  

MARITAL PROPERTY

The assets and liabilities that you acquire with your spouse during your marriage is considered “marital property”. It belongs to each spouse, “equally”.  In a divorce, the “marital property” must be distributed between you and your spouse.  This is called equitable distribution. 

ALIMONY

There are times when alimony may be awarded.  Alimony is a support obligation of one spouse to the other spouse.  The availability and extent of alimony is governed by statute. 

WHY YOU NEED A LAWYER

As you can see, by the brief summary in this brochure, divorce is a complicated process with many personal issues. Because this process will have a significant impact on your future, it is important to have a legal representation.