Florida is a “no fault” divorce state; you only have to cite irreconcilable differences as a basis for divorce.
In order to seek a divorce in the State of Florida, one of the parties must have been a resident of the State of Florida for six (6) continuous months prior to the date of filing the divorce petition. The only required basis for a divorce in the State of Florida is that the marriage is "irretrievably broken"; in other words, the marriage cannot be saved.
During the divorce process, the Court will address all issues involved, such as the division of personal (furniture, automobiles, retirement plans, etc.) and real property; division of debts; custody of minor children and issues concerning the children, such as the maintenance of health insurance and visitation; restoration of former/maiden name; and the payment of child support, alimony and attorney fees.
Division of property during a divorce is based on the principle of equity; in other words, what is fair taking into consideration the specific factors involved in your case. Property purchased during the marriage is considered “marital property” and will be equitably divided. Property acquired before the marriage is typically considered “non-marital property” and will be awarded to the spouse that originally owned the property. Personal gifts and inherited property are also considered non-marital. However, it is possible to claim appreciation in value of “non-marital” property, such as homes and businesses. The court will take into consideration the specific financial circumstances of your case when determining the division of the property.
As part of the divorce process, you may request that the Court change your name to a former name or your maiden name, if you have never been arrested or adjudicated guilty of a crime, have never been adjudicated bankrupt, do not have any money judgments against you and are not seeking to change your name for any ulterior or illegal purpose. Keep in mind when considering a name change that you may not have the same last name as your child(ren) and will have to update all personal records and forms of identification. As such, some individuals prefer to keep their spouse's name after divorce.
While it is not necessary to hire an attorney to represent you in a divorce action, most divorces require the assistance of an attorney experienced in the sometimes complex issues involved in a divorce. The experienced staff of Echemendia Law Firm, P.A. will guide you through the often complicated and emotional process of a divorce and are always available to answer your questions.