How is property divided in a divorce?
Florida is an equitable distribution state, meaning that all marital property is subject to a 50/50 divide unless there are reasons why an equal split would be inequitable (unfair).
What is common-law marriage?
Common-law marriage is a union that has never been formally registered with the State. Therefore, there was no official ceremony or marriage certificate issued. Instead, the parties simply consent, coupled with some outwardly visible action, such as living together.
Does Florida have common-law marriage?
Florida permitted common-law marriage until 1968 when it enacted Florida Statute 741.211. The statute abolishes a common law marriage in Florida entered into after January 1, 1968. However, Florida will still recognize a common law marriage that was legally created in another state.
Can I divorce if I don’t know where my spouse is?
Yes, you can still obtain a divorce in Florida if you do not know where your spouse is. If you are unable to serve your spouse personally, you may be able to serve by publication (newspaper) instead.
Do I need my spouse to sign for divorce in Florida?
No, Florida does not require your spouse to sign the divorce papers. However, if you are unable to serve your spouse with the divorce papers personally, you may need to do service by publication.
Can I file for divorce in a newspaper?
Yes, Florida does allow for service by publication (newspaper). However, the publication is the last resort for service under Florida’s state law. Therefore, you will have to attempt to locate and serve your spouse before proceeding with service by publication.
Is adultery a factor in Florida divorce cases?
Since Florida is considered a no-fault divorce state, adultery is usually irrelevant to the case. However, adultery can become a factor if there is child support or custody dispute as part of the dissolution of marriage. Additionally, money spent on an extramarital affair can be accounted for during property division.
What is needed to file a divorce in Florida?
Florida is a no-fault state. Therefore, you won’t have to provide evidence of adultery or abuse for a divorce. The state’s law only requires you to allege the marriage is irretrievably broken.
Is an uncontested divorce less expensive?
Yes, an uncontested divorce should be less expensive than a traditional or contested divorce with litigation. Some law firms may even offer a flat-rate attorney’s fee rather than charge by the hour for a simplified marital settlement agreement.
Will I have to pay alimony in a divorce?
Florida divorce law allows for the opportunity to request alimony. The law applies a two-part test to determine if it is appropriate for the court to grant alimony. First, you must present evidence that you need to seek alimony. Secondly, you must show that the other spouse has the financial resources to pay alimony.
