The following are some of the requirements set out by Florida law for a valid and legal divorce in our state.

A valid marriage — In order to seek a divorce, you must first have a valid marriage. While this may seem like common sense, many marriages may not be valid due to age, consanguinity, bigamy, and other reasons.

Residency in Florida — In order for a Florida court to hear your divorce case, at least one spouse must have resided in the state for the past six months before the filing.

Proper court filing — You must file a petition with the court requesting the divorce that includes all the necessary information. There are many different options for divorce filings including for simplified dissolution or uncontested divorces.

Grounds for divorce — In Florida, you must state one of two available grounds for divorce, which are as follows:

• The marriage is irretrievably broken; and
• One of the spouses has been deemed mentally incapacitated for at least three years prior to the filing.

Determinations on relevant issues — Many issues must be decided in a divorce, including property division, child custody, child support, parenting plans, spousal support, and more. The parties can agree on these issues on their own, engage in mediation to help decide issues, or the court will decide if the parties cannot agree.

Judgment issuance — The court will issue a decree granting the divorce and setting out orders for all of the above issues.

Can You Legally Separate Without a Divorce?

If you are not yet ready to go through the above steps to obtain a divorce but you and your spouse agree to live separately, there are certain options available to help regulate the situation. For instance, you may be able to seek a court judgment on the following issues:

• Awarding you spousal support;
• Awarding you child support;
• Setting out an appropriate child custody and visitation arrangement.

However, while these issues may be addressed, you should realize that Florida law does not allow for full, legal separation, so you will still be legally married for all other intents and purposes.

If you believe you may want to end your marriage in Florida, you should not hesitate to call experienced Boca Raton divorce attorney Alan R. Burton for help at 954-229-1660 today.

Get Your Finances Organized

If you get divorced, you will be on your own financially, whether or not you worked during your marriage. If you are awarded spousal support, it may likely only be for a limited amount of time. It is always wise to take inventory of your financial situation, including your income, debts, assets, and more to understand how much you will need to support yourself. If you are moving out, you will need to have a budget to know how much you will have to earn to cover all of your new bills and expenses on your own. Additionally, gathering and copying financial documents will make it easier when you have to present them during your divorce.

Have a Place to Stay

If you and your spouse are still living together, be prepared to leave at a moment’s notice. When divorce is looming, emotions can run high and you need to have a plan if you must leave the house in a hurry. Have an overnight bag ready for you and your children, if necessary, as well as a safe place to go.

Design a Plan for the Children

If you are separating, you and your spouse should have a plan to tell the children about your breakup and to make the change as easy as possible for them. Coordinate schedules and determine what steps need to be taken to limit the negative effects on your children. Work out a visitation and custody plan if it is possible to agree. Having a plan will make designing your parenting plan in divorce that much easier.

Stay off Social Media

Anyone getting divorced should avoid being active on social media profiles as much as possible. You should never put down your spouse or air your grievances on social media, as it will get back to them and make the situation more contentious than it already may be. Additionally, if you post information or photos of you having a good time, they may be interpreted as insensitive or proof that you are making irresponsible decisions. For example, a picture of you having a glass of wine with a coworker of the opposite sex may be used to insinuate that you are drinking too much and dating around. It is always wise to simply resist the urge to post on your accounts until the divorce is final.

Hire an Experienced Divorce Attorney

If you are getting divorce, it is imperative to have an experienced Boca Raton divorce lawyer handling your case, providing valuable advice, and protecting your best interests. Please do not hesitate to call the law office of Alan R. Burton today at (954) 229-1660 today.