Florida Divorce Questions

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When you desire to opt out your marriage legally, you need to get information about divorce procedures and file for one. Some of the legal divorce laws may be common in all the states, but you need to be aware about the specific divorce laws of the state where you are planning to file a divorce. Along with filing and proceeding of divorce, you should be aware about other things such as waiting period, grounds of divorce, minimum residency requirements, common laws, no fault laws, property distribution etc. Once you have information about all other things associated with divorce, you can file for divorce with ease and can handle the further divorce proceedings.

Some examples of Florida divorce questions are as follows:

Q. In Florida what are the grounds of divorce that are acknowledged?

A. There are 2 grounds on the basis of which a judgment of dissolution of marriage might be granted.

  • One of the divorcing partners has mental incapacity
  • Irretrievable breakdown of the marriage

Q. Can one divorcing partner procure temporary support and / or lawyer fees from the other partner in apt circumstances?

A. In any divorce procedure, one divorcing partner can claim suit money and / or spousal support by means of a motion or petition. In case the petition or the motion is well founded, the court might issue order of a reasonable amount of money.

Q. Is a waiting period specified in this state?

A. Yes. Beginning from the date of filing of the original petition for dissolution of marriage, a waiting period of 20 days is to be observed, on completion of which a final judgment of dissolution of marriage might be entered. The only exception is that when there is a showing that due to this delay, there might be injustice. In this case, the court might enter a final judgment of dissolution of marriage at an earlier date.

Q. What are the residency requirements in Florida state?

A. One of the divorcing partners must have lived minimum 6 months in this state prior to the filing date of the petition.

Q. If the Respondent resides in some other state, how does the divorce proceed?

A. In case the Respondent lives in another state, still it is possible for the Petitioner to file for divorce inside Florida. Such a divorce case is rather complex with respect to time and money. As per the divorce law in this state, the Petitioner must serve papers to the spouse and this result in more duration for the divorce process. Secondly, there is additional expenditure for this case.

Q. If a divorcing partner does not take the assistance of a lawyer and represents self in court, what is the outcome?

A. In such cases, it is generally observed that the result is an unreasonable divorce settlement that would be onerous in the near future.

Q. Consider that the two divorcing partners do not have sufficient funds to hire different lawyers. Then, would it be possible that both hire the same divorce lawyer in court?

A. As per the statutes in this state, it is not permitted to share the same Florida divorce lawyer in court. It is compulsory that separate lawyers must be hired for representation. However, the divorce papers of both partners can be drafted by the same divorce lawyer.

Q. Does Florida recognize no fault laws and common laws?

A. This state accepts no fault laws. It is sufficient if a petition is filed that claims that the marriage has been broken irretrievably. Common laws are not legally acknowledged in this state.

Q. Whether separate property is considered for distribution of property?

A. The property that is acquired by any divorcing spouse by inheritance or gift during the marriage or prior to the marriage is classified as Separate Property. This is included in the marital property considered for distribution only if the separate property or income from it has been utilized during the marital life for the common benefit of the spouses.

The Florida divorce questions and their answers that are mentioned above will prove to be of great help to you to know about divorce laws and related proceeding in the Florida State. To get a divorce, only filing of divorce is not sufficient, you need to be aware about several other legal procedures that are associated with a divorce. If you and your spouse are financially unstable, then you would like to know whether you both can hire same divorce lawyer. Before hire the same divorce lawyer, you would like to know whether hiring same divorce lawyer is legal in Florida.

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