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Legal Grounds for Divorce in Florida

Legal Grounds for Divorce in Florida

Legal Grounds for Divorce in Florida

In Florida, two grounds for dissolution of marriage exist. The first ground is the mental weakness of one of the parties, whereby such an individual was declared mentally unfit for the prior three years. The second ground is when the marriage is broken permanently. The court may take specific actions to seek dissolution of marriage when it is permanently broken, and a minor child has been produced from the union, or the Respondent’s Answer is that the marriage is not broken. Some of the court’s actions include:

  • Take action with the best interest of the minor child or children of the wedding and the parties.
  • Extends the proceedings to a reasonable time, not more than three months, to give room for the parties to change and reconcile.
  • Direct either both parties or one of them to consult with a rabbi, priest, minister, psychiatrist, psychologist, marriage counselor, or any other qualified individual acceptable to the parties and by the court order for consultation.

If you have not gone through the divorce process before and looking for an experienced and efficient divorce attorney, you need Board-certified Boca Raton Divorce Attorney Tina L. Lewert for any mental and family law Boca Raton.

Annulment

In Florida, there is nowhere in the statutes where an annulment is defined. However, the basis of the annulment is on years of previous case law. If you want to obtain an annulment in Florida, you may allege some of the following grounds:

  • Mental incapacitation
  • Bigamy
  • Using force, coercion, or fraud to obtain consent to the marriage
  • Physical incapacity to consummate the marriage
  • Due to the influence of drugs or alcohol when married, one of the parties did not have the mental ability to consent
  • One of the parties did not obtain the consent of their guardian or parent to go into the marriage since they are under 18 years of age

Regardless of the previous circumstances, the marriage is no longer avoidable and seen as ratification if the couple has consummated the marriage. The necessary annulment procedure is the same as divorce as an annulment is filed as a lawsuit.

Property Division

As an equitable distribution state, Florida Statute requires the use of an equal and fair manner to distribute debts and marital assets. The court will consider alimony awards, time-sharing, and child support to determine what is appropriate for dividing the debts and property. When the court is determining property division, it will consider some of the following:

  • The destruction of marital assets, depletion, waster, the intentional dissipation within two years before petition filing or after petition filing;
  • The desire of any dependent child of the marriage to retain the marital home as a residence, when equitable to do so. The parties may maintain the house, in their best interest or that of the child, when it is financially feasible until a court of competent jurisdiction terminates exclusive possession or the child is emancipated;
  • Each party’s contribution to the production, enhancement, and acquisition of income, or the liability incurring, or the improvement to their non-marital assets or marital assets;
  • Asset retaining the parties’ desirability, including an interest in professional practice, corporation, business, free and intact from any interference or claim by the other party;
  • One party’s contribution to other party’s educational opportunity or personal career;
  • Either party’s interruption of educational opportunities or individual jobs;
  • The marriage duration;
  • The parties’ economic circumstances;
  • Each spouse’s contribution to the marriage, including education and care contributions of any child or children and services as a homemaker.

Insurance programs and plans, deferred compensation, annuity, profit-sharing, pension, retirement, and all non-vested and vested benefits, funds, and rights accrued during the marriage are all subject to distribution and are classified as marital property.

Child Support and Custody

Support

The use of the Income Share Model is considered to calculate child support obligation in Florida. The guidelines take into consideration both parties’ financial contributions and based on both parents’ combined income. There will be provision for health insurance for the minor child or children when health insurance is reasonable to accessibility and cost for the child or children, as contained in child support orders.

Custody

The court will define child custody based on the child’s best interest. The public policy encourages joys of childrearing and sharing of responsibilities and rights while it also entails continuing and frequent contact of minor children with both parents. Except the court finds that shared parental responsibility would be detrimental to the child or children, it gives preference to shared parental responsibility. This detrimental may be the event when a party has been convicted of a misdemeanor of the first degree or higher, which involves domestic violence. The court may prohibit such parents from shared parental responsibility, including decisions regarding the child or time-sharing with the child or children.

How You Can Get Help from a Boca Raton Divorce Lawyer

There are many steps involved in a divorce case, which may overwhelm you if you try to go about it alone. However, you need a certified divorce lawyer that understands divorce’s sensitive nature and helps you navigate the legal procedure with a high level of compassion and experience. Such a legal firm is attorney Tina L. Lewert.

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