Marriage is a legal contract and like other contracts, it can be terminated. Divorce, or dissolution of marriage, is the process of ending a marital contract. In contractual terms, when a married couple is divorced they lose all the legal benefits that they enjoyed through marriage and gain the right to enter marital contracts with other people. However, marriage is much more than a legal contract. Parties must also deal with other financial and emotional aspects of divorce, such as property and asset division, child custody, monetary support of those children, visitation, spousal support and others.

Florida Divorce

Florida is a no fault divorce state, which means that one or both parties may choose to end the marriage and may file for divorce to terminate the marital contract. There does not need to be a reason for a no-fault divorce.

There are two grounds for Florida divorce:

• The marriage is irretrievably broken, meaning it is not likely that the marriage can be saved. In most cases, the court will grant divorce if a husband and wife state their marriage is irretrievably broken. However, in some cases, a judge may order the couple to undergo marriage counseling before granting the divorce.
• Mental incapacity of one of the spouses for at least three years.

There are four basic steps to dissolution of marriage in the state of Florida. A spouse who wishes to file for divorce must first file a petition with the circuit court. He or she must notify his or her spouse of the filing. Full financial disclosure must be made and both spouses must attend a divorce hearing.

The steps sound simple, however, the process is rarely that easy. The law gets complicated when it comes to other matters such as spousal support, child support and custody, distribution of assets, etc. A divorce lawyer can help you navigate through the legal system quickly and efficiently, and will help you reach an agreement that is acceptable for both parties.

The process of getting a divorce is much more complicated when children, under the age of 18, are involved. When there are minors involved, the court may require the parents to attend a parenting course and provide a parenting plan. In cases where the spouses do not agree on the terms of divorce (referred to as contested divorce), the matter will have to be resolved through negotiations in the court system.

For more information about dissolution of marriage in the state of Florida, consult a family law attorney.