Florida is a “no fault” divorce state. This means that you do not have to go to court and show why you need a divorce. Proceedings to dissolve a marriage in Florida are not concerned with the reasons a couple wants to part ways. Instead, they determine distribution of assets as well as any child support, alimony, or other issues. Consulting a seasoned West Palm Beach divorce attorney for legal guidance can guide you through this stressful time. My name is William Wallshein, and I will make sure to represent you with the care and compassion that you deserve.
What are the requirements for filing for divorce in Florida?
Either spouse may file for divorce. The person filing must show that there was a legal marriage, that one of the spouses resided in Florida for at least six months preceding the filing, and that the marriage was irretrievably broken.
What is the difference between a regular or simplified dissolution of marriage?
There are two alternative ways to seek a divorce in Florida: regular or simplified dissolution of marriage. In a simplified dissolution, both spouses agree to specific stipulations, including:
- No alimony will be sought by either spouse
- No minor children exist
- Agreement regarding all property and debts
- Agreement that the marriage is irretrievably broken
When a couple disagrees on certain issues or has minor children, they will file for divorce in court through a regular dissolution of marriage process. During this process, both parties must disclose all financial information as well as provide additional documentation to the court. Parties then present a settlement, participate in mediation, or go to trial for resolution.
How do premarital and postnuptial agreements factor into divorces?
Nuptial agreements establish rights and obligations of a couple during and after marriage in advance. Prenuptial agreements, or premarital agreements, are entered into before marriage, and postnuptial agreements are signed following a marriage, even if no divorce is planned. If a divorce is imminent, these agreements can be referred to as separation agreements. If the couple executed a valid prenuptial or postnuptial agreement, many issues will already be determined before dissolution proceedings begin. However, the enforceability of a nuptial agreement may be questioned in court, such as when there was a lack of proper financial disclosure between the parties or evidence of fraud.
Will I have to pay alimony? If so, for how long?
Reasons one spouse may have to provide spousal maintenance, or alimony, vary. Alimony is awarded when a spouse shows a need for it, and when the paying spouse has the ability to make payments. Need can be proven by showing alimony is necessary to maintain the same quality of life that the spouse had during the marriage. Spousal support may be court ordered for a period of time or permanently, but payments of alimony end when the receiving spouse remarries. Courts consider various factors in determining the amount of alimony to award. These include the standard of living enjoyed during the marriage, any adultery by either spouse, the marriage duration, the parties’ financial resources, and their earning capacities, education, and employability.Seek Advice from a Palm Beach Gardens Family Attorney
If you are going through marriage dissolution in Palm Beach Gardens, a knowledgeable divorce lawyer can guide you through the process. My name is William Wallshein, and I have been practicing family law in South Florida for over 25 of my 30+ year legal career, assisting clients with all the issues that come up when ending a marriage, including child support, child custody, and alimony. Divorce can be a difficult time, so having quality legal advice and representation is an important part in moving forward. Please call my office at 561-533-1221 to schedule a free initial consultation, or contact me online. We take credit cards.