Divorce or Dissolution of Marriage
Florida is a “no fault” divorce state which means neither party has to commit infidelity or any other reason to get divorced; you only have to cite irreconcilable differences or that one of the parties are incapacitated as a basis for divorce.
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 petition for dissolution of marriage. The two required bases for a divorce in the State of Florida is that the marriage is "irretrievably broken"; which means that the marriage cannot be saved, or that one of the parties is incapacitated which means the party is helpless and cannot act by themselves.
During the dissolution process, the Court addresses all issues involved, such as the division of personal and real property, debts; custody of minor children and issues concerning the children, such as the maintenance of health insurance and time-sharing; restoration of former/maiden name; and the payment of child support, alimony and attorney fees.
Division of property and debts during a divorce is based on the principle of equitable distribution which means 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.
Is not necessary to hire an attorney to represent you in a divorce action; however, most divorces require the assistance of an attorney experienced in the sometimes complex issues involved in a divorce. The experienced staff of the Law Office of Grant & Dozier will guide you through the often complicated and emotional process of a divorce and are always available to answer your questions.