The New Year often brings a sense of renewal and the opportunity to start fresh. For some, this means making the difficult decision to move forward with a divorce. While it’s never an easy choice, understanding the legal process and your rights can help ease the transition. At Cerino Law, we’re here to guide you through this challenging time and ensure you’re equipped with the knowledge and support you need to move forward confidently.
Florida’s No-Fault Divorce Law
Florida is a no-fault divorce state, which means that you don’t need to prove wrongdoing by your spouse to file for divorce. The most common ground cited is that the marriage is “irretrievably broken.” This simplifies the process and allows couples to focus on resolving key issues like property division, child custody, and support.
Key Steps in the Divorce Process
- Filing the Petition
- The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the local circuit court. The other spouse (the respondent) is then served with the petition.
- Response and Discovery
- The respondent has 20 days to file an answer. During this stage, both parties exchange financial documents and other relevant information to ensure transparency.
- Negotiation and Mediation
- Florida requires mediation in most divorce cases. This is an opportunity for both parties to negotiate terms with the help of a neutral third party.
- Settlement or Trial
- If an agreement is reached during mediation, the settlement is submitted to the court for approval. If not, the case proceeds to trial, where a judge makes the final decisions.
Key Considerations During Divorce
- Equitable Distribution: Florida follows equitable distribution laws, meaning marital assets and debts are divided fairly but not necessarily equally. Understanding what constitutes marital versus non-marital property is crucial.
- Child Custody and Support: Florida prioritizes the best interests of the child. Parenting plans outline how time-sharing and decision-making responsibilities are divided. Child support is calculated based on state guidelines.
- Alimony: Spousal support may be awarded based on factors such as the length of the marriage, the standard of living during the marriage, and each party’s financial situation.
How Cerino Law Can Help
At Cerino Law, we understand that every divorce is unique. We are compassionately here to provide personalized guidance tailored to your situation. From initial consultations to finalizing agreements, we’re committed to protecting your interests and helping you achieve a fair resolution.
If you’re considering divorce as part of your New Year’s journey, contact Cerino Law today. Let us help you start the next chapter of your life with clarity and confidence.
This blog is intended for informational purposes only and does not constitute legal advice. For personalized assistance, consult an attorney.
