When a marriage comes to an end there are many issues to be addressed including division of assets and debts, child support, timesharing, child custody, and many more. In Florida, a divorce action is called a Dissolution of Marriage. Once a Petition for Dissolution is filed, a Florida state court judge is able to legally end the bonds of matrimony and declare both parties single. In order for a Florida court to have jurisdiction over a divorce, one or both of the spouses must have resided in the state for at least six months before the filing of the divorce petition. Once jurisdiction is established, the court must find the marriage to be irretrievably broken. It’s not necessary to prove adultery, abandonment, or any other specific cause — so long as at least one spouse wants a divorce and believes that the marriage is broken, the marriage can be dissolved.
During divorce proceedings, the court may:
- Divide assets such as the home, other real estate, investments, businesses, and retirement plans
- Divide debts, including mortgage obligations, tax debts, student loan obligations, and credit card debts
- Award alimony (spousal support)
- Determine parental authority (custody)
- Enter a parenting plan that establishes time-sharing (visitation) and other issues regarding children
- Award attorneys’ fees, costs, and other relief
Florida is a no-fault state, which means that either party is able to file for divorce without having to show that the other party is at fault. The person that files the Petition for Dissolution must simply plead that the marriage is irretrievably broken so that the court may proceed with the divorce. A divorce can either be a contested or uncontested. The divorce is considered to be contested if the parties are not able to agree on the terms of the divorce. These terms may include details of the parenting plan, child support, alimony, division of assets, temporary support, and many more. An uncontested divorce is where both parties are able to agree on all material issues.
At the Law Office of Jhohanny Colon, P.A. we understand what a significant impact divorce can have on day-to-day life. The Law Office of Jhohanny Colon, P.A. will do everything to make the process as simple as possible and minimize any negative consequences on your family’s lives.