Common Questions Regarding Divorce in Florida

Many Florida residents who are considering divorce or who are facing a divorce filing by their spouse likely have numerous questions regarding divorce in our state. The following are only some examples of frequently asked questions, and an experienced divorce attorney in Boca Raton will be able to answer more questions and guide you through the divorce process.

Do I need to cite grounds for my divorce in Florida?

Florida recognizes “no-fault” divorces, which means that you or your spouse needs only to cite that there are irreconcilable differences between you and your spouse so that the marriage is irretrievably broken . Additionally, you may cite as grounds that your spouse is mentally incapacitated and was adjudicated as such for the three years preceding the divorce filing.

What issues will we need to settle in our divorce?

Every divorce case is different, as every married couple has different circumstances, owns different types of property, has different relationships with their children, and more. However, the main issues that may be addressed in a Florida divorce case include the following:

  • Division of all marital property and asset, including determining what happens to the family home.
  • Division of all marital debts and liabilities.
  • Drafting a parenting plan for how you will share parenting rights and responsibilities with your spouse.
  • Deciding how your children will share time with you and your spouse.
  • Determining whether you or your spouse will receive or pay child support.
  • Determining whether you or your spouse will receive or pay spousal support/alimony .
  • Deciding what to do with any business interests shared between you and your spouse.
When will my divorce be granted?

This answer also varies from case to case. Before a Florida family court can grant your divorce and enter a final judgment, all relevant issues must be settled. If you and your spouse agree on all the necessary issues relatively quickly, your divorce may be granted after a certain waiting period. If you and your spouse cannot agree on any particular issue, the court may have to step in and make the determination. This may require litigation in court, which can be lengthy and may significantly delay the finalization of your divorce. An attorney can give you an idea of the legnth of your case during a consultation.

Do I need an attorney?

Though everyone has the right to handle their divorce case on their own, called “pro se,” it is always highly advisable to seek representation from an experienced divorce attorney. An attorney can guide you through every step of your case and can negotiate with your spouse, which can often lead to easier settlement agreements, eliminate the need for litigation, and can save you money in the long run.

An experienced Florida divorce attorney can help you with your case

If you are facing a divorce, you always want to have an attorney handling your case who understands the most recent updates to Florida divorce laws and how to apply them to your situation. Experienced Boca Raton divorce lawyer Alan R. Burton can help you, so call our office for assistance today.