Before you take any legal steps to end your marriage you should make sure that you have tried all possible ways to save it. Ultimately, only you can answer this question.

No. Florida does not recognize or require a legal separation prior to seeking a dissolution of your marriage.

Florida abolished fault as a ground for divorce. The idea was to lessen the potential harm to the parties and children as a result of the divorce pleadings. The only basis a party needs to allege in their pleadings is that the marriage is "irretrievably broken".

All that is required to be proved is that a marriage exists, one party has been a resident of Florida for at least (6) six months immediately preceding the filing of the petition and that the marriage is irretrievably broken.

Each divorce case is unique and results vary. This will depend largely on the complexity of the issues, the level of acrimony between the parties and the strategies of the attorneys involved.

The regular dissolution process begins with a Petition for Dissolution of Marriage filed with the circuit court by either the wife or the husband. The other party must then file an Answer within (20) twenty days.  Court rules require the exchange of certain financial documentation and a completed financial affidavit within (45) days of the service of the initial petition or prior to any temporary relief hearing.

Mediation is a procedure utilized to assist you and your spouse in working out an arrangement for reaching agreement without protracted litigation. The goal is to help you reach a resolution with agreeable terms. Some counties, such as Miami-Dade, require couples to attempt mediation before a trial can be set.

This is one of the most difficult and complex areas of the divorce process. Florida statutes and case law provide for an “equitable distribution” of marital assets and liabilities. The idea is that marital property and debt should be divided fairly or equitably, though not necessarily equally, between the parties regardless of how the title is held. This is based on a long list of factors.

This will depend on the specifics of your case. You may or may not receive alimony. After equitable distribution is made, the court may consider an award of alimony to either spouse.

In making an award, the court considers several factors including but not limited to: length of the marriage; standard of living; age and physical and emotional condition of the parties; each spouse’s financial resources and the income-producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find employment; services rendered in homemaking, child rearing and career building of the other spouse. The court can consider any other factor necessary to do equity and justice between the wife and husband.

You and your spouse each have a responsibility to support your children in accordance with their needs and your financial abilities.  The amount is governed by Florida Statutes and based on the combination of your respective incomes.  If you receive alimony, it may be considered income for purposes of child support.  A Child Support Guidelines Worksheet will be calculated for you.

This is the concept that provides a framework for effective co-parenting. It is the public policy of the State of Florida to encourage parents to share the rights and responsibilities of child rearing. This is a court ordered relationship in which both parents have full parental rights and responsibilities and in which both parents consult each other and make all major decisions jointly. The point is to protect the children’s rights to an ongoing relationship with both parents.

No.  Florida abolished the common law marriage doctrine many years ago.  Regardless of how long two people have lived together, without a legal marriage bond, neither party will be entitled to spousal support or any of the other statutory protections afforded to married couples.  If you are not married but have minor children together you may be entitled to child support and a parenting plan.  If you own real estate as Joint Tenants or Tenants in Common, your single status does not affect those rights.  Please call if you have any questions.