Unhappy Marriage?

The official term for divorce in Florida is “Dissolution of Marriage".  Either spouse can file for the dissolution of marriage. All that has to be proven is that the marriage exists, one party has been a Florida resident for six months or more, and the marriage is irretrievably broken.

The dissolution process begins with a petition for dissolution of marriage, filed with the circuit court by the husband or wife, which states that the marriage is irretrievably broken and sets out what the person wants from the court. The other party must file an Answer within 20 calendar days after being served with the initial petition. The answer needs to either admit or deny the allegations contained in the petition. The spouse that is served with the initial petition for dissolution can then file his or her own counter-petition for dissolution of marriage. In the counter-petition you can raise any matters that you want the court to address on your behalf.

The Florida Supreme Court Rules governing divorce require that each party provide certain financial documents, and a completed financial affidavit to the other party. The parties can waive the production of certain financial documentation, however, the financial affidavit must be filed where financial support or child support is requested. The financial affidavit is a sworn statement that discloses your income, expenses, assets and liabilities.

Some couples can agree on dividing their property, child custody, and other issues soon after the original petition is filed. A written agreement is signed by both parties and presented to the court. In such an uncontested case, a divorce can become final in a matter of weeks. 

Some couples cannot agree on much of anything and a trial is required. The judge makes the final decision on all contested issues. The equitable dissolution process is designed to make the divorce as fair as possible to both husband and wife, which usually means compromise by both partners. It is sometimes unrealistic to expect both partners to be “happy” with their divorce. The experience can be emotionally devastating. The financial upheaval of supporting two households instead of one may cause hardship for the entire family. The parties, however, can take steps to make the process easier for themselves and their children.

Taxes & Debts: There are very important tax considerations to be aware of in any divorce, including the dependency deduction for children, taxability and deductibility of alimony in various forms, and the effects of property transfers. It is important to find out how these laws affect you before you get divorced. Afterwards, it may be too late to correct mistakes that have been made. The question of who should pay mortgage payments, income tax liabilities, credit card debts, personal loans, car payments and other debts should also be addressed and resolved.

Alimony: The court may grant alimony to either husband or wife. Rehabilitative alimony may be for a limited period of time to assist in redeveloping skills and financial independence. Permanent alimony continues until the death or remarriage of either party. Also, the court may order one party to pay the other party a lump-sum payment of money or property.

In determining alimony, the court considers all relevant economic factors, such as the parties’ prior standard of living, length of the marriage, age and physical and emotional condition of both spouses, each spouse’s financial resources and income-producing capacity of the assets they receive, the time necessary to acquire sufficient education or training to find appropriate employment, the services rendered in homemaking, child rearing, and education, and career building of the other spouse. The court may consider any other factor necessary to do equity and justice between husband and wife. In this regard, you have the right to find out about all your spouse’s income and assets through the use of several discovery tools.

Have questions?

Get a FREE Consultation

Call attorney Scott Stadler 

(954) 346-6464

or email your questions to:

scott@unhappymarriage.info

Critical Mistakes often made in the heat of divorce:

1. Don't be a financial victim: If you suspect that your spouse is planning a  divorce make copies of all important financial records such as account statements and data that relates to your marital life style. If you believe that your spouse may liquidate or retitle marital assets notify the holder in writing and get your attorney to file an injuction to prevent the freeze a certain accounts.

2. Failure to develop a financial plan: One indisputable fact of divorce is that two households cost more to operate than one, but income is unchanged. Financial planning can help people to transition from married to single lifestyle by prioritizing financial goals, developing realistic expectations and producing written plans for allocation of financial resources.

3. Forgetting to update estate documents: After divorce, many people forget to change the beneficiaries on their life insurance policies, IRA'S and Will. The result is that their ex-spouse ends up inheriting their estate intead of their children or new partner. 

Florida Divorce Attorney

Scott Stadler

1750 University Drive 

Suite 202

Coral Springs, FL 33071 

Tel: (954) 346-6464