Divorce - Larkin Family Law

What is divorce in the State of Florida?

The legal process of dissolving a marriage between two persons and restoring them to the status of single.

Is a divorce different from a dissolution of marriage?

No. A divorce and a dissolution of marriage mean the same thing. A dissolution of marriage is a more formal name and how a divorce case is described in the court system.

How long do I have to be separated to get divorced in the State of Florida?

You do not have to be separated to get divorced in Florida. Unlike other states where you may have to be legally separated for six months to over a year before getting divorced, the State of Florida does not have a legal separation requirement. You do not need to file anything with the court at the time you separate. You can file for divorce while you are still living with, or right after separating from, your spouse. If you are recently separated, you should consult with an experienced Tampa divorce lawyer to advise you on your legal rights in the event of a divorce. Attorney Lexie Larkin has extensive knowledge and experience to help you weigh the pros and cons of reconciliation, separation, and divorce, and help you decide which course of action is best for you and your family.

What do I have to prove to get divorced in the State of Florida?

Florida is a “no fault” divorce state. So, you do not need to prove infidelity, abuse, or any other fault by your spouse to get a divorce. A Florida court will allow a divorce without finding fault. The court only needs to make a finding that a marriage is “irretrievably broken,” to award a divorce. To make that finding, one party needs to testify that the marriage is irretrievably broken and nothing the court could order, including marriage counseling, could save the marriage. No proof beyond a party’s testimony is required to prove the marriage is broken. Both parties do not need to agree that their marriage is irretrievably broken to get a divorce. While a court could order marriage counseling before a divorce is granted, it is generally not required to get a divorce.

What is the difference between an uncontested divorce and a contested divorce?

If both parties agree on the terms of their divorce, there is a straightforward legal process that can dissolve their marriage in a relatively short period of time. This is called an “Uncontested Dissolution of Marriage” or an “Uncontested Divorce.” If parties cannot agree on the terms of their divorce, this is called a “Contested Dissolution of Marriage” or “Contested Divorce.” Attorney Alexa Larkin has extensive experience in resolving both uncontested and contested divorces. While Attorney Larkin knows the financial and emotional cost-savings to settling cases out of court, she understands an amicable settlement is not always possible. So, if you cannot resolve your case through settlement, Lexie Larkin will be ready to go to trial.

What are the major issues I should expect in my divorce?

The PEACE Acronym outlines the major legal issues in a divorce case in the State of Florida and the order in which the Court decides them.

P- Parenting Issues for Minor Children

The issues of timesharing and parental responsibility (formally known as “custody”) over children born of or adopted during the marriage. This will determine how parents will share time with their children and make major decisions about them moving forward. The terms for the parenting issues are memorialized in a Parenting Plan.

E – Equitable Distribution

The division of “who gets what you have” and “who pays what you owe.” With a few exceptions, the default in the State of Florida is a 50/50 division of the net marital estate (marital assets – marital liabilities = net marital estate) between spouses. In other words, you do not have to divide each asset and debt equally; each spouse should walk away with equal value from the marital estate.

A – Alimony

The financial support paid from one spouse to the other for the support of the recipient spouse. There is currently no formula for alimony in the State of Florida. Alimony is based on one party’s need and the other party’s ability to pay.

C – Child Support

The financial support paid from one spouse to the other for the support of their child(ren). Child support in the State of Florida is based on a statutory formula. While small deviations may be permitted, child support is the child’s support and cannot be waived by a parent or the agreement of both parents.

E – Everything Else

A catchall that typically covers life insurance and attorney’s fees. If special circumstances exist in your case, life insurance may be awarded to secure a child support or alimony award in the event of a party’s death before the end of the payments. In certain cases, a court may order one spouse to pay the other’s attorney’s fees and costs incurred during a divorce case. There is no formula for attorney’s fees in the State of Florida. An award for fees is based on one party’s need and the other party’s ability to pay.

To learn more about the PEACE acronym, you should consult with an experienced Tampa divorce lawyer to discuss how these legal issues apply to your case. Whether you want to meet by phone, zoom, or in person, Attorney Lexie Larkin can answer your questions, review your legal options, and present a plan for how to move forward. Click here to schedule a one-hour family law consultation with Attorney Larkin now.