Dissolution of Marriage: What you need to know before filing in Florida
by: Ronnie Bitman, Managing Partner | December 18, 2020
Making the difficult and life-altering decision to get divorced can be emotional and overwhelming. Being prepared and having an experienced lawyer by your side can help navigate the complex decisions and procedures involved in a divorce, or dissolution of marriage, case.
There are options when you file for dissolution of marriage, be it contested or friendly. Additionally, many potential issues must be addressed such as spousal support, distribution of assets and liabilities, timesharing or custody, and child support.
The state of Florida is a no-fault state meaning there is no need to supply proof of any misconduct in order to obtain a divorce.
The court will make an initial assumption that all marital assets and liabilities will be divided equally, and each party will have 45 days from service to file a financial affidavit with the court. These affidavits help to establish the entire financial layout of the case. Both parties must disclose all assets and liabilities and provide supporting documentation. Examples of these records include paystubs, tax returns, mortgage statements, banking records, personal financial statements, as well as statements of debts and assets. This will allow the court to make an equitable distribution of assets and liabilities if parties cannot otherwise agree.
Other issues to consider are parenting plans, timesharing or child custody arrangements, and alimony, also known as spousal support. Alimony is not a guaranteed entitlement. The award of alimony depends on the length of the marriage and the specific financial and marital situations of the parties involved.
Each case is unique and a consultation with an experienced lawyer is essential for the best outcome.
Bitman O’Brien & Morat is here help you navigate through your divorce proceedings. Our experienced attorneys have expertise in family, employment, contracts/corporation, personal bankruptcy, partnership disputes and small business issues. Please contact us at 407.815.3110.