Divorce

The most common reason for divorce under Florida law is that the marriage is “irretrievably broken.” That essentially means that no amount of time or counseling will bring the husband and wife back together, both physically and emotionally.  In order to establish that the marriage has ended, one party must merely testify to that in court. 

Divorce or dissolution of marriage begins with the filing of a Petition for Dissolution of Marriage.  In the Petition, the person requesting the divorce briefly makes a claim for relief that may address several issues. 

Divorce actions normally take place in the county where the parties reside.  If both parties are Florida residents, but live in different counties, the action takes place in the county where the respondent resides.  If the respondent is not a Florida resident, the action takes place in the county where the petitioner resides or the county in which the marriage existed. Both parties have the right to be notified of the action and given the opportunity to be heard by the Court, if possible. 

Divorce cases fall largely into two categories.  The parties may agree to resolve every issue which arises prior to the initiation of the action, or the responding party, after service chooses not to file any response to the action.  Those situations describe what is typically called an “Uncontested divorce”. Any time a responding party disputes an issue raised by the Petition, the divorce becomes what is called a “Contested” divorce.  The parties may be required to file additional documents to support their side of the case. 

In Florida, property and debts of the parties is divided using the principle known as “equitable distribution.”  In basic terms, this allows each party to keep what they had individually before the marriage and divides what was acquired during the marriage equitably or fairly between the parties.  Of course, what is fair or equitable differs from case to case and must be examined closely. 

Divorce actions take place before a judge sitting without a jury and may be assigned by the judge to a special type of judge called a general magistrate, who generally only are assigned family cases. 

Some of the more divisive issues in any dissolution case surround the proper or fair resolution of parenting issues.  In Florida, in most types of cases involving minor children, courts are concerned most often with issues of “time sharing”, so the child can enjoy the healthy, love and support of both parents, and “child support”, so that the child can be raised in an environment to which he or she has become accustomed after the marriage has ended.  This issues can be quite complex and it is wise to speak to a qualified attorney as early as possible in the process of considering dissolution. 

If you have questions about divorce or any family related law call FRANKEL LAW at 305-759-6100 and we will help you to know your rights.