Dissolution of Marriage

Dissolution of Marriage:

Chapter 61 of the Florida Statutes regulates Dissolution of Marriage, Time Sharing, and Child Support.

Jurisdictional Requirements:
In order to file for divorce in Florida, one of the parties to the marriage must have resided in Florida for 6 months or more, and the case can be filed in the circuit court of the county where either of the parties resides, in Florida.


Service:
Once a petition is filed, a copy of the petition together with a copy of a summons shall be served upon the other party to the marriage before the case is even heard.


Requirements:
No dissolution of marriage will be granted in Florida unless the marriage has been found to be irretrievably broken, and/or one of the parties to the divorce has been found mentally incapacitated and has been in that status for the past 3 years.

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Dissolution Information:

  • Once the determination is made by one party that the marriage is either irretrievably broken and/or that the other party has been held mentally incapacitated for more than 3 years, the Law Office of Karen Rodriguez, P.A. can assist in the filing, litigation, and disposition of your dissolution case.
  • Once the petition is filed, the other party will have to be served and the case will be placed on the docket.
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Dissolution with no property and/or children:
  • This type of case would be resolved quicker than a case where there is property and children involved, as long as both parties are in agreement to dissolve their union.
  • The steps will still require, the filing of a petition and the service of the other party, unless the service is waived.
  • The parties will have to disclose a financial affidavit to the court along with other pertinent paperwork.
  • Once all of the paperwork and all of the service is done, the court will assign a hearing date to the case and the court will grant dissolution to the marriage, unless subsequent litigation would be required.
  • At the Law Office of Karen Rodriguez, P.A., we will file all paperwork on your behalf and will assist in the service of the other party in order to obtain the resolution of the case. I will represent you in court and will attend every hearing on the case, on your behalf.

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Dissolution with property and children:
  • When your case involves the dissolution of marriage with children, assets, and property, the case will involve extra steps not necessarily required in a simplified dissolution of marriage.
  • The process will involve more because there will be a lot of important matters at stake, particularly the stability and future of your children.
  • If being faced with a divorce and you don't have an idea as to how to start, you can call and make an appointment for a free consultation. I will go over your particular situation and will offer advice as to how to proceed.
  • As a former prosecutor, I have the experience needed to litigate a matter in court and to provide the representation you need when your most important assets are at stake.

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Parenting Plan/ Timesharing:

  • A parenting plan involves an agreement between the parties relating to the decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and the child.
  • The plan must outline issues concerning the minor child, such as, the child's education, health care, and physical, social, and emotional well-being.
  • There are a lot of factors that could affect a parenting plan, such as, any prior history of domestic violence, the jurisdictional location of every parent, the current relationship between the child and one or both parents. In order to determine what parenting plan would be the best for your case, call and make an appointment for a free consultation and I will go over the different factors with you.

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Equitable Distribution of Property and Assets:
Florida is an equitable distribution type of State, meaning that your case will start with the premise that all distribution shall be set equally, unless there are factors to the contrary.

Factors to be considered by the court:

  • The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker
  • The economic circumstances of the parties.
  • The duration of the marriage.
  • Any interruption of personal careers or educational opportunities of either party.
  • The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  • The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
  • The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
  • The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
  • The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of a petition.
  • Any other factors necessary to do equity and justice between the parties.

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Pre-nuptial Agreements:

  • A "pre-nup" is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
  • Parties to a "pre nup" may contract in regards to:
    • Property rights
    • Spousal support
    • Will and Trust arrangements
    • Benefit of life insurance policy
    • Choice of law governing the construction of the agreement
    • Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
  • What the parties may not contract in regards to:
    • The right of a child to support may not be adversely affected by a premarital agreement.

Fill out the Contact Form or call to make an Appointment, in order to receive a free consultation, and I will personally go over your case and answer all of your questions.


The information provided in this website does not constitute legal advice and is provided only for Informational Purposes.

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