When an individual is seeking an inexpensive divorce in the state of Florida, getting a divorce online is a quick and easy solution. Divorce over the internet is a feasible approach to the divorce process for couples seeking an uncontested divorce.
Taking an experienced divorce attorney’s aid is one option to simplify the process and make it less stressful. Florida has a unique set of filing requirements, and an attorney can help a divorcing couple through the procedure, ensuring that all divorce papers are prepared and submitted correctly. But not every person has the financial means to pay for an attorney. And in some cases, couples are not just looking to save money but to speed up the process. In this case, online divorce becomes an ideal solution.
Online divorce services are a faster and more affordable solution for your divorce document preparation. The procedure is just as simple as using an attorney and adds the extra convenience of completing this step from the comfort of home. For all these reasons and more, an increasing number of couples choose internet divorce to be done with their divorce quickly and move on with life.
In Florida, the divorce petitioner (one of the two spouses) files the divorce forms with their local court. Filing for divorce characteristically takes place in the courthouse situated in the county where one resides. If the petitioner is not currently a resident, the filing is done in the county where the respondent lives. If assistance is required to apply for divorce, one may take the aid of an attorney or an online divorce service. An experienced attorney or an internet divorce service’s aid will ensure that the divorce can be initiated with no hindrances. This keeps the process hassle-free. Couples looking to take on the entire process on their own can get aid from the local courthouse by calling or visiting them personally.
All states across the US have distinct requirements for divorcing couples to establish residency. They need to meet the residency requirements within the state before filing for divorce. Florida is similar to all other states in this regard.
To file for a divorce in Florida, one of the spouses must have resided in the state for at least the previous six months.
If only one of the spouses lives in Florida, it suffices. Both spouses need not be Florida residents. The other spouse may reside anywhere in the country or the world.
Several methods are used for establishing residency. Among the top ways is a valid voter’s registration card, ID card, or Florida driver’s license. One may alternately get a third-party testimony.
Similarly, using an Affidavit of Corroborating Witness form would serve as proof that one has resided in Florida for the past six months.
Valid grounds for divorce in Florida
The state of Florida broadly recognizes two reasons for getting a divorce:
1. The marriage is irretrievably broken
Irretrievably broken implies that the divorcing couple no longer wants to stay married. This ground can be used even if there is a more serious reason to go ahead with the dissolution of marriage.
2. One of the parties suffers from a mental incapacity
The disability must be documented for at least three years before filing for a divorce. Filing for a divorce on this ground requires evidence to prove the claim, making it more challenging.
Custody of a child in Florida
In Florida, the court may award joint custody to both the parents or sole custody to one parent. Joint legal custody is known as shared parental responsibility, and it is assumed to be in the children’s best interests unless proven otherwise.
Both parents are given equal consideration in terms of custody, and there is no bias based upon gender. Important factors that a Florida court considers when determining custody based on a child’s interest includes:
- A parent’s willingness to let a child keep contact with other family members and the other parent;
- The established bond of love and affection between a child/children and each parent;
- The ability of each parent to provide for their children with food, clothing, healthcare, and other material needs;
- Permanence or assumed permanence of the custodial home of either of the parents;
- Presumed moral, physical, and mental wellness of each parent;
- A child’s choice in the matters, if they are old enough to express the same;
- The parents’ willingness to continue a relationship with each other;
- Any evidence of either parent furnishing false testimony regarding domestic violence;
- Evidence that supports the claim of spousal/child abuse;
- Any other relevant factors not pertaining to a parent’s gender.
The Court will encourage parents to develop an arrangement and work with them to devise one. Having a parenting plan in place and completing parenting classes is still not necessary for getting a divorce in Florida.
Rules for child support in Florida
A Florida court may order either or both parents to pay for child support. This is based upon the circumstances surrounding the case. The specific guidelines are set out in Florida Statutes Annotated; Chapter 61.30.
While most cases are decided within these rules as the guidelines, the court also takes unique circumstances surrounding a case into consideration. Such circumstances include a children’s special needs, age, and total assets and income of both parents and the child.
The court may want a child to have medical insurance and the parent who pays for the support to have life insurance.
Rules for spousal support in Florida
Spousal support is also known as alimony, and a couple should make a provision for alimony in the total cost of divorce. It is made available for the spouses not financially capable of self-support by the other, higher-earning spouse. It enables a spouse to live in the same way as he/she used to live when married.
The couple may decide support terms, or the court may come up with an arrangement for the same. The arrangement may be in the form of long-term or short-term alimony. It may either be a lump sum, a recurring monthly or yearly payment, or both.
Several factors play a defining role in the finalized alimony terms for a case. They include:
- Standard of living established at the time of marriage;
- The duration of the marriage;
- Comparative financial resources of both spouses and their earning potential;
- Services rendered by each spouse towards the marriage – playing the homemaker, taking care of the children, etc.;
- Ages of the spouses, currently, and when they got married.
Property division in Florida
Florida is an equitable distribution state, which means that a couple choosing to get a divorce within the state is required to share the marital property equitably and fairly. The non-marital property owned by each spouse is retained by them.
Non-marital property may refer to the property which each spouse acquired before getting married, properties received as inheritance or gifts, or properties designated as non-marital in a written contract between the spouses.
After setting non-marital property aside, the court initiates the marital property’s distribution with the premise that the marital property should be equitably distributed. The following factors play a defining role in the arrangement.
- Contribution of each spouse in acquiring the property;
- Roles played as a homemaker or a caretaker of children;
- How long the marriage lasted;
- Health and age of the spouses at the time of divorce;
- Sources of income, the amount earned, and opportunities for future earnings for each spouse;
- Standard of living procured during the marriage;
- Other factors that need equity to be established among spouses.
It should be noted that insurance, investment, pension, profit-sharing, and retirement funds are all considered property.
If the marital home is sold off, a set of dedicated rules define if a spouse will be eligible for setoffs or credits. The factors that define the rules include:
- Tangible and intangible contribution to the marriage, such as a partner staying at home as a parent or homemaker;
- Present and future fiscal circumstances surrounding each party;
- Duration of the marriage;
- The contribution that one spouse could make to the occupational or educational chances of the other;
- If either spouse is particular about retaining a property;
- The contribution made by spouses for using a property to acquire an income or enhance the property and using the outcome for the home’s betterment.
How long will it take?
You can speed up the procedures for materializing a DIY divorce with the aid of an online divorce service. You can complete an online questionnaire in one sitting, and the online service will have your divorce papers completed within 48 hours. After that, all one has to do is print, sign, and submit the paperwork to the court.
With the professional assistance of an online divorce service such as https://www.onlinefloridadivorce.com/, you do not have to worry about the uncertainties that accompany the procedure. The best online divorce services follow all state and local regulations, use only up-to-date forms, and ensure the accuracy of all information with a court approval guarantee. A divorce is always a stressful occurrence in one’s life. Professional divorce companies make one feel more confident and ensure that one does not miss out on essential details concerning one’s divorce.
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