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Dissolution of Marriage |
Moreover, if you are in the early stages of considering divorce, then you might want to visit the first link on our webpage under "Divorce is not always the answer." It is generally very easy to get a divorce in Florida, and far more difficult to make a marriage work. But the benefits of making a marriage work, especially if you have children, can far outweigh any perceived benefits of divorce.
The primary types of divorce (we handle all of types) are simplified dissolution of marriage, dissolution of marriage with children, and dissolution of marriage without children. The latter two can either be "contested" or "uncontested."
Florida is considered a "no-fault" state in that one party does not need to prove that the other party committed an act justifying the divorce, such as abandonment, intolerable cruelty, or infidelity. The most commonly alleged basis for divorce in Florida is that the marriage is irretrievably broken. In other words, the parties do not believe that any amount of time, self-reflection or inventory, or marriage counseling will be able to salvage the bonds of marriage between them.
If one party contests that the marriage is irretrievably broken, or if the parties have children and one party wants to explore reconciliation, then a Court has the power to abate the divorce litigation for up to ninety days so that the parties can seek counseling.
In any divorce, the primary issues, which could be contested or uncontested, are the distribution of the parties' marital and nonmarital assets and liabilities, attorneys' fees, and alimony (there are various types of alimony, including rehabilitative, permanent periodic, and lump sum). In a divorce with children, the parties will face the foregoing issues in addition to the designation of a primary residential parent, timesharing, child support, and parental responsibility. Parental responsibility is presumptively shared in Florida, absent a showing that shared parental responsibility would be detrimental to the children. This means that in most cases both parents have the right and the responsibility to make major decisions affecting their child or children. The primary residential parent does not have "veto power" over such decision, or ultimate responsibility for such decisions, unless the Court confers that power to him or her.