Jacksonville FL No Fault Divorce Attorney
No Fault Divorce
Florida is a “no-fault” state when it comes to divorce. What does this mean for you? Basically, it means that you do not need a reason to get a divorce in Florida. For example, stating that your marriage is “irretrievably broken” is reason enough to dissolve your marriage. In a no-fault state, the courts do not have to determine who was responsible for the separation by digging up painful personal issues. All you need to do is prove that the marriage exists, one member has been a Florida resident for six months prior to the petition and that the marriage is not salvageable.
As Florida divorce lawyers, we understand the impact a separation or divorce can have not only on the couple, but also their children and other close family members. We provide skilled and sensitive legal representation to those who need it most during a turbulent time in your life. If you are contemplating a divorce and are looking for more information, please contact us at (904) 263-4610.
Factors in a Florida No-Fault Divorce
It is important to remember, however, that fault can play a part when determining child custody. For example, if one spouse committed adultery, it could sway the opinion of the court. Moral fitness is one of the many factors that are considered while determining custody and visitation rights. If the adulterous conduct affected the finances of the couple, it could affect spousal support as well.
In other words, a “fault” is not required to get a divorce, but the circumstances of the divorce can affect the terms of the settlement or the manner in which the court decides. Individuals can choose to dissolve their marriage at any time, but fault can have an impact if there are any disputes regarding custody or the division of wealth. Otherwise, the spouses can attempt to resolve their issues amicably without letting the courts determine the terms of their divorce.
Understanding the Process
Here are some of the steps in a no-fault divorce process in Florida:
- The petition: The process begins when one party files a petition for dissolution of marriage in the county where the couple last lived together.
- Disclosure of financial matters: Within 45 days of the petition, both parties must provide pertinent financial documents.
- Mediation: This is the process through which the spouses can work out an arrangement without a trial. The purpose of mediation is not to save the marriage but to reach agreements without involving the court.
- Formalizing settlement terms: This is when the parties agree on spousal support, child support, attorney fees and a parenting plan.
The Importance of Legal Counsel
Not all divorces in Jacksonville end amicably. There are often disagreements regarding the division of assets and debts. Many divorces also involve complicated negotiations regarding alimony, tax considerations and child support. This is why anyone about to get a divorce would be well advised to receive quality legal representation throughout the proceedings. Issues can become complicated and disagreements can escalate into full-blown arguments quickly. Without proper representation, you could lose an unreasonable amount of property and custody during the proceedings. For a free consultation and case evaluation, please contact us at (904) 263-4610.