Divorce or Dissolution of Marriage
Florida is a no fault state for divorce, which means that you do not need to prove fault on the part of your spouse (i.e. adultery, abandonment, etc…) in order to obtain a divorce in Florida. The two means by which a divorce can be obtained in Florida is if the marriage is irretrievably broken, or if one spouse is mentally incapacitated. If the parties are having difficulties whereby they can no longer live together in a normal marital relationship, this constitutes an irretrievably broken marriage. Even though fault is not required to obtain a divorce, fault can play a factor when awarding alimony as well as when determining an equitable distribution of the assets and liabilities of the parties.
Common law marriages entered into in Florida after January 1, 1968 are not valid, as Florida does not recognize common law marriages. However, a common law marriage validly entered into in another state will be recognized in Florida. In order to become legally married in Florida after January 1, 1968, you must obtain a marriage license and have the marriage solemnized by an ordained minister, elder, or other ordained clergy, a judicial officer, clerk of the circuit court, or a notary public of the State of Florida. Additionally, marriages between two people of the same sex entered into in Florida or anywhere else, are not recognized for any purpose in Florida. Likewise, unmarried couples may enter into an enforceable agreement for support and other matters.
In order to qualify to file for a dissolution of marriage in Florida, one of the spouses must have lived in Florida for at least six months before filing a petition for dissolution of marriage. Throughout the dissolution of marriage proceedings, both parties will either need to jointly agree to the issues within their case, or if they can’t agree then they have to bring their issues to the judge for the Court to decide the issues for the parties. The various issues that agree upon or the court will rule upon several issues. Those issues include, but are not limited to, (1) Parental Responsibilities and Time-Sharing; (2) Equitable Distribution of the assets and debts; (3) Alimony; (4) Child Support; (5) Attorneys’ fees and all other issues related to the above.
When deciding to seek a dissolution of marriage, selecting an attorney to assist you with the process is a very important decision. Remember to make sure you inquire as to your attorney’s experience and qualifications. It is imperative that you retain an attorney who really cares about you and your case, and not just about making money. At the Law Office of David Hurvitz PA, we provide free initial consultations, and we also provide for flat fee uncontested dissolution of marriage representation as well. Please feel free to contact us with any questions that you may have.
David Hurvitz is a highly trained and skilled attorney located in Tampa, Florida. Mr. Hurvitz has worked in a variety of legal areas here in Hillsborough County, Tampa Bay, as well as other jurisdictions in the State of Florida. His experiences have given him a varied and well-rounded background in many aspects of Tampa, FL Law. The firm has represented clients throughout the state of Florida. We are based in Tampa, but we will travel to you if it is more convenient for you. At the Law Office of David Hurvitz PA, we are committed to obtaining the best results for all of our clients.