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Either spouse can file for divorce in Florida if one of the spouses has lived in the state for at least six months before filing.
Any spouse who has been a resident of Florida for at least six months prior to filing a Petition for Dissolution of Marriage can file for divorce in Florida.
No, Florida does not require a period of separation before filing for divorce. However, to file for a dissolution of marriage in Florida, the petitioner must have been a resident of the state for at least six months prior to filing.
Florida is not a community property state. Instead, it follows the principle of equitable distribution in dividing marital property in a divorce.
This means that the court considers several factors, such as the length of the marriage, each spouse's contribution to the marriage, and the current economic circumstances of each spouse, among others, to determine the fair and equitable division of marital property.
Marital property includes any property acquired during the marriage, including assets and debts.
However, separate property owned by each spouse before the marriage or acquired by gift or inheritance during the marriage is not subject to division.
The cost of divorce in Florida can vary greatly depending on the complexity of the case and the services needed. On average, the filing fee for a divorce in Florida is around $400.
However, additional costs can include attorney fees, mediation fees, and court costs, which can range from several hundred to several thousand dollars. It is recommended to consult with a family law attorney to get a better idea of the potential costs of your specific case.
In Florida, the minimum processing time for a divorce is 20 days, which is the time required for a response after the initial divorce papers have been served.
However, the actual time it takes to finalize a divorce can vary significantly based on factors such as the complexity of the case, the level of cooperation between the parties, and court availability.
On average, an uncontested divorce can take anywhere from three to four months, while a contested divorce can take several months or even years to complete.
In Florida, child custody (also known as time-sharing) is decided based on the best interests of the child. Some of the factors considered in determining what is in the best interests of the child include:
1. Each parent's ability to provide for the child's needs including food, clothing, healthcare, and education.
2. The child's relationship with each parent and other important family members.
3. Each parent's mental and physical health.
4. Each parent's willingness to cooperate and facilitate a relationship between the child and the other parent.
5. The child's adjustment to their current school, community, and home.
6. Any history of domestic violence, child abuse, or neglect.
7. The child's preference, if they are old enough to express their opinion.
It is important to note that Florida law presumes that shared parental responsibility (joint custody) is in the best interests of the child, unless there is evidence to the contrary.
Ultimately, the court will create a parenting plan that outlines the specific time-sharing arrangement and responsibilities of each parent.
