Fundamental Details in Florida Divorce Laws

Marriage dissolution will legally commence when either of the spouses files a marriage dissolution petition in a circuit court locally. The petition is filed with the family department. The court will serve the petition to the other party and give them some time to file their response. If the spouses have an agreement on the way they will divide their debt and property and responsibilities with the children, then it is possible for such a divorce to be finalized without going for trial. If not, a hearing will be scheduled by the court.

The debts and assets accumulated during marriage are commonly known as the marital assets. Such assets are equitably divided between the spouses upon divorce. The assets that were accumulated by either of the couples before marriage are categorized as the non-marital asset. This only happens if the assets were separated from the property accumulated during the period of that marriage. The non-marital assets can be retained by the spouse. Marital property is often divided equally if such a division will not be biased. There are situations where unequal distribution is instituted. The judge will assess the economic circumstances surrounding each spouse and the contribution made by each of the couples to that marriage. Child care and the marital home are also considered in asset division. Where one of the spouses wishes to keep the marital home as a domicile for the children then such a consideration can be a basis for unequal assets division.

Alimony can be understood as financial support from either of the spouses after the divorce is finalized. If alimony claims are well founded then the laws of Florida allows the court to order such payments. Some of the issues the court will consider for alimony include the living standards enjoyed during the marriage, length of the marriage, physical condition and age of the spouse. Where spouses are unable to agree on custody of children then the court has no option but to come up with a plan. The children’s best interests come into play in such a situation. Unless shared responsibility is assessed as detrimental, the court is likely to grant both spouses shared responsibilities in child custody. There are extensive details with regard to child support in a divorce situation. For more information follow this link www.floridadivorce.com/florida-divorce-laws.