Divorce Basics
Divorce - The Basics
Deciding to divorce is difficult. If you are contemplating the end your
marriage, it helps to learn the basics of divorce law. If you conclude that
divorce is necessary, it is important to seek the assistance of an
experienced Florida family law attorney.
What are the Grounds for Divorce
A divorce is a judicial decree by which a valid marriage is dissolved. From
a legal standpoint, the divorce process will divide the couple’s assets and
debts; determine the future care and custody of their children; and
grant each person the legal right to remarry .
Every state has some form of "no-fault divorce," but the laws vary a
great deal from state to state. Generally, a divorce will be granted if one
spouse states that the marriage has irretrievably broken or the
couple has irreconcilable differences. (Other residency and filing
requirements must also be met.) This is different from the past, when
only "fault divorces" were available. In a fault divorce, one spouse must
allege a martial wrong like adultery or abuse in order to receive a divorce.
In some states, both fault and no-fault divorces are available. An
experienced family law attorney can help you determine whether and
how to pursue your divorce.
Resolving Issues During Divorce
Before a divorce may be granted, five basic issues typically must be
resolved. They are:
Alimony/spousal support
Property and debt division
Child custody
Visitation/parenting time
Child support
If the spouses can reach agreement on these issues, then the divorce is
uncontested. If, however, the spouses cannot agree, the divorce is
contested. The spouses may go to trial to resolve the issues. This usually
means that a family court judge will make the final decisions.
Alternatives to going to court include mediation, arbitration and
collaborative divorce.
Some courts may even order the spouses to attempt to resolve their
differences through alternative dispute resolution. Learn more about
family law ADR.
Division of Property in Non-Community Property States
Courts in states that use the non-community property system typically
make an equitable division of property between the divorcing spouses.
Equitable means fair, rather than necessarily equal. The court makes the
decision based on the circumstances of the divorce, the non-financial
contributions to the marriage of each spouse and missed academic or
career opportunities.
Making the decision to end a marriage is difficult. Even so, it is in your
best interest to approach the divorce process from a rational,
businesslike perspective. Working with an experienced family law
attorney will help you get through the process and begin your new life.
Deciding to divorce is difficult. If you are contemplating the end your
marriage, it helps to learn the basics of divorce law. If you conclude that
divorce is necessary, it is important to seek the assistance of an
experienced Florida family law attorney.
What are the Grounds for Divorce
A divorce is a judicial decree by which a valid marriage is dissolved. From
a legal standpoint, the divorce process will divide the couple’s assets and
debts; determine the future care and custody of their children; and
grant each person the legal right to remarry .
Every state has some form of "no-fault divorce," but the laws vary a
great deal from state to state. Generally, a divorce will be granted if one
spouse states that the marriage has irretrievably broken or the
couple has irreconcilable differences. (Other residency and filing
requirements must also be met.) This is different from the past, when
only "fault divorces" were available. In a fault divorce, one spouse must
allege a martial wrong like adultery or abuse in order to receive a divorce.
In some states, both fault and no-fault divorces are available. An
experienced family law attorney can help you determine whether and
how to pursue your divorce.
Resolving Issues During Divorce
Before a divorce may be granted, five basic issues typically must be
resolved. They are:
Alimony/spousal support
Property and debt division
Child custody
Visitation/parenting time
Child support
If the spouses can reach agreement on these issues, then the divorce is
uncontested. If, however, the spouses cannot agree, the divorce is
contested. The spouses may go to trial to resolve the issues. This usually
means that a family court judge will make the final decisions.
Alternatives to going to court include mediation, arbitration and
collaborative divorce.
Some courts may even order the spouses to attempt to resolve their
differences through alternative dispute resolution. Learn more about
family law ADR.
Division of Property in Non-Community Property States
Courts in states that use the non-community property system typically
make an equitable division of property between the divorcing spouses.
Equitable means fair, rather than necessarily equal. The court makes the
decision based on the circumstances of the divorce, the non-financial
contributions to the marriage of each spouse and missed academic or
career opportunities.
Making the decision to end a marriage is difficult. Even so, it is in your
best interest to approach the divorce process from a rational,
businesslike perspective. Working with an experienced family law
attorney will help you get through the process and begin your new life.
Florida Family Law Attorneys
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