In Florida, divorce cases involve the complete separation of the couple’s lives. All ties are severed, and decisions are made about any children produced by their union. A Family Law Attorney in Fort Myers guides petitioners who are ready to end their marriage.
Choosing the Appropriate Grounds
When filing for a divorce, petitioners must choose between fault-based and no-fault divorce grounds. Currently, in Florida, the fault-based grounds include desertion, adultery, bigamy, imprisonment, and intolerable conditions. The petitioner must provide evidence to support the claims against their spouse.
No-fault divorce grounds include irretrievable breakdown of the marriage or irreconcilable differences. The petitioner doesn’t have to provide any evidence when using no-fault grounds. However, their spouse must sign the divorce agreement and a statement indicating they aren’t contesting the divorce.
Dividing the Marital Property
The couple must make decisions about their marital property in the divorce agreement. The state requires them to divide everything equally. All assets are included and itemized in the agreement. In some cases, a monetary award is provided in place of certain assets. If the couple cannot agree on who gets the marital home, the court may order them to sell the property and divide the proceeds equally. Pension plans, retirement plans, and life insurance policies are also divided in divorce proceedings.
Child Custody and Support
Child support and custody are also determined during the divorce case. The couple has the choice between sole and shared custody. The noncustodial parent must provide child support payments. Typically, the support payments are ten percent of the noncustodial parent’s income for the first child. Five percent is added for each additional child. The court enforces all child custody and support requirements.
In Florida, divorce cases are started when a married couple can no longer continue the marriage. The proceedings start with a motion filed through the court identifying why the marriage failed. An attorney can help individuals who need to file for a divorce and explain how the laws affect the outcome. Petitioners who need to start a divorce case are encouraged to contact a Family Law Attorney in Fort Myers at the Law Office Of James W. Chandler P.A. today.
