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Florida is a no-fault state when it comes to divorce. This means that you don’t have to give any reason to the court for why you want to end your marriage, other than that you want it to be over. The court divides all marital property in a way that it deems fair.
Florida operates as an equitable distribution state. Under this approach, marital assets are divided equitably. Assets are split in a fair manner, which means that divorcing couples may or may not split their assets 50/50.
A divorce settlement agreement (also known in various states as a marital settlement agreement, separation agreement, or custody, support, and property agreement) is a legally binding contract that states the terms of a divorce.
Among other things, a divorce settlement agreement resolves the following issues:
- Child custody and visitation. This is usually dealt with in a separate plan attached to the settlement agreement.
- Child support. This is usually determined by state-specific guidelines.
- Alimony (spousal support). Alimony guidelines are usually more flexible than child support guidelines, so the exact amount and duration usually have to be negotiated between the spouses.
- Division of property and debts. This depends heavily on where you live. In the 9 “community property” states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) all marital property is classified as either owned jointly by both spouses or separately (if acquired before the marriage) by one spouse. In all other states, a court may divide property “equitably” (fairly) but not necessarily equally.
The only grounds for divorce in the State of Florida are:
- That the marriage is “irretrievably broken.”
- That there is mental incapacity of one of the parties, for at least three years before filing for the divorce.
In order to file your divorce in a Florida court, you or your spouse must have lived in Florida for the last six months. It is not necessary that both parties live in Florida. One party must live in Florida, the other could live anywhere else in the world.
What Does Divorce Actually Involve?
A divorce settlement agreement (also known in various states as a marital settlement agreement, separation agreement, or custody, support, and property agreement) is a legally binding contract that states the terms of a divorce.
Among other things, a divorce settlement agreement resolves the following issues:
- Child custody and visitation. This is usually dealt with in a separate plan attached to the settlement agreement.
- Child support. This is usually determined by state-specific guidelines.
- Alimony (spousal support). Alimony guidelines are usually more flexible than child support guidelines, so the exact amount and duration usually have to be negotiated between the spouses.
- Division of property and debts. This depends heavily on where you live. In the 9 “community property” states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) all marital property is classified as either owned jointly by both spouses or separately (if acquired before the marriage) by one spouse. In all other states, a court may divide property “equitably” (fairly) but not necessarily equally.