Divorce

Florida has few requirements for a husband and a wife to petition for a divorce. The law requires that one of the two parties has lived in the state of Florida for at least six months before petitioning for divorce. Grounds for divorce include that the marriage be irretrievably broken or that one party has been declared incompetent by the court which is less commonly used.

Florida is a "no fault" state, which means that neither party is required to prove that the marriage is irretrievably broken due to the actions of the other. The flip side of the coin is that the infidelity of one party has little impact in the divorce proceeding, with a few exceptions

Divorce proceedings may be contested or uncontested. An uncontested divorce may occur when there are no minor children and no property or debts to divide, or when parties are in agreement on all issues. All or a portion of the divorce may be agreed upon.

Where the parties are unable to agree on the terms of their divorce a contested divorce is the only option. In a contested divorce a judge is more involved in the decision making process.

In a contested divorce the main focus should be on the timesharing (or custody) arrangement of any minor children. The parties must also sort out their parental responsibilities, distribute the property and debt, including attorney’s fees and expenses of the divorce.

Common Issues to Resolve in a Divorce Proceeding:

• Equitable Distribution or Division of Marital Property
• Parental Responsibility and Timesharing (custody) of Minor Children
• Alimony to the Husband or Wife
• Child Support
• Payment of Attorney’s Fees and Expenses

For Spanish, please visit us at: Divorcio

Dana Pechersky is serving clients as a family law attorney in Broward and Miami-Dade counties, including Weston, Pembroke Pines, Plantation, Davie, Tamarac, Fort Lauderdale, Oakland Park, Lauderhill, Coconut Creek, Dania, Deerfield Beach, Everglades Parkway, Hallandale, Hollywood, Lauderdale Lakes, Pompano Beach, Miramar, Southwest Ranches, West Park, Miami Gardens, Hialeah, Coral Gables, Aventura, Miami Beach, North Miami Beach, Bal Harbour, Sunny Isles, Bay Harbor Islands, Biscayne Park, Doral, Key Biscayne, Miami Shores, Miami Lakes, Miami Springs, North Bay Village, Surfside, and Miami.

by Dana Pechersky
954.529.2057
contact@danapechersky.com