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Divorce can be a sticky buzzword that no one wants to think too long and hard about. But due to all the important legal requirements and ramifications, knowing the ins and outs of the law in your state can be very important.
If at least one spouse has resided in Florida for six months, you are qualified to petition for divorce in Florida. Grounds for divorce are simple: either spouse may file if there is no chance for reconciliation. Florida allows for no fault divorces, meaning there is no need to prove one spouse was at fault.
After you file, the biggest element of a divorce is property division. Florida distributes property equitably—which means fairly, not equally. Property divided includes possessions, real estate, income, and debts. Circumstances considered to determine the equitable split include economic circumstances, marriage duration, children’s caretaking and educational needs, and of course, prenuptial agreements. If spouses cannot come to a decision together, the court will decide.
In most cases, child custody is shared, but courts are careful to consider economic factors, lifestyle factors, and educational factors. Florida courts operate under the “Best Interest of the Child” standard, and if shared custody does not meet that, then one parent will receive full custody.
Once assets have been divided, support is another factor to divorce. Temporary or permanent alimony is established if one spouse has a need and the other spouse has the means to pay, and sometimes adultery can modify the amount. Child support is another aspect, and determining the amount of child support follows official state guidelines. This includes monthly support, educational support, health insurance, and potential other expenses.