What Are the First Steps to Filing for Divorce in Florida?
Florida has state-specific laws and regulations that apply to divorce cases, and this makes it a good idea to know what to expect moving forward. One of the most important steps that anyone considering divorce is well advised to take is retaining skilled legal guidance early on. Our experienced Brandon, Florida, divorce attorneys at Carman & Finegan are standing by to help.
Step One: Understand the Requirements that Apply in Florida
To obtain a divorce in Florida, there are specific requirements that apply.
Residency Requirements
To file for divorce in Florida, one of you must have been a resident of the state for at least the six months prior. Your voter registration card or driver’s license can be used as proof of residency.
You can file in the county where you live, your spouse lives, or you and your spouse last lived together as a married couple. As a resident of Brandon, you can file your Petition for Dissolution of Marriage with the Hillsborough County Clerk of Court.
There is a mandatory minimum waiting period of 20 days before a divorce can be finalized in Florida. Most cases, however, take considerably longer to be effectively resolved.
No-Fault vs. Fault-Based Divorce
Florida is considered a no-fault divorce state, which means that your divorces will be based on your marriage being irretrievably broken. In other words, if either spouse believes that the marriage can’t be saved, they can seek and obtain a divorce.
The only instance when the State of Florida will issue a fault-based divorce is when the cause is mental incapacitation. In these rare cases, the identified spouse must have been incapacitated for a minimum of three consecutive years at the time of filing.
Step Two: Protect Your Rights by Seeking Legal Counsel
Divorce is the dissolution of the marriage contract, and there are challenging legal intricacies involved. In the process, your rights as a parent and your financial rights are on the line. Working closely with a dedicated divorce lawyer from the outset can make a serious difference in your future.
You can count on your focused legal representative to skillfully advocate for your rights in relation to each of the following key concerns:
- The equitable, or fair, division of your marital property, which refers to virtually all the assets acquired during your marriage
- Your child custody arrangements, which include time-sharing and parental responsibility, which refers to decision-making authority
- Child support
- Alimony
Our Experienced Brandon, Florida, Divorce Lawyers Can Help
If you are facing a divorce or are preparing to file, it’s time to take action. Our seasoned Brandon divorce attorneys at Carman & Finegan appreciate just how important your divorce terms are in relation to your future, and we’ll spare no effort in pursuit of an optimal outcome. For more information about everything we can do to help you, please don’t wait to contact us online or give our firm a call at 813-437-3830 today.