Sarasota Divorce Attorney

There is no such thing as a perfect marriage without any disagreements between the couple. Even the happiest of couples will occasionally get into a spat over money or something the kids did. When those spats escalate into recurring, drawn-out fights that fracture the entire family, it might be time to seek out a divorce.

It is never easy to accept that a marriage is broken, but it is even more of a struggle to stay in a situation that makes everyone miserable. When a decision is made, it is essential to seek a prompt and fair resolution that will enable you to move forward with your life. This is especially true when kids are involved, and you need to bring a measure of stability back to them.

As emotionally upsetting as a divorce can be, it is vital to enter into the process of understanding the applicable laws and what your options will be. That is where the Sarasota divorce attorneys at Titan Law can be of assistance. We understand the importance of finalizing the divorce, but this can only occur with the court’s approval and when both parties are in agreement. Being in agreement is not the same as “liking” the terms, but courts will always look to strike a balance.

If you’re contemplating divorce or have been served with divorce papers, you must seek guidance and information. Titan Law can provide both in abundance. We’re standing by to discuss your situation. It will help to have a general understanding of what you can expect, starting with the grounds for divorce.

What Are the Grounds for Divorce in Florida?

There was a time when it was extremely difficult for a couple to be granted a divorce. Laws have kept pace with societal changes and introduced the no-fault divorce option. Florida is a no-fault divorce state. Essentially, this means you can obtain a divorce without assigning blame to either spouse. Florida law has two distinct grounds for divorce:

• Irretrievably damaged marriage
• Mental incapacitation

An irretrievably damaged marriage is the same as an irreconcilable difference. It essentially means that no matter how hard they’ve tried, a couple’s marriage is broken beyond repair. The exception is when there are children involved. In such situations, one of the parties can ask the court to order couples counseling to explore the possibility of reconciliation.

The court will usually allow up to three months for the couple with kids to try and work through their crisis. If, after the counseling, one party still insists that the marriage is irretrievably damaged, the divorce can proceed. At the end of the day, the courts don’t want to force anyone to stay in a marriage.

As for the mental incapacity issue, the courts will typically grant a divorce if it can be established that one spouse was incapacitated for up to three years.

What Are the Divorce Residency Requirements?

In the 1930s and 1940s, states had very strict residency requirements, except for Nevada. You only had to be a resident of Nevada for six weeks to file for a divorce. It was a common practice for many to vacation in Nevada for a month and a half and return home divorced. The six-week residency requirement is still in effect for Nevada.

In Florida, the current residency requirement is six months for you or your spouse. That is six months in the county where you intend to file. For instance, you need to be a resident of Sarasota County for six months if you plan to file for divorce in Sarasota. This may not seem like a complicated requirement, but the courts will not proceed with the proceedings unless the residency requirement is met.

What Are the Different Types of Divorce?

Every Florida divorce follows the same basic process. One spouse, referred to as the petitioner, must file the relevant paperwork with their circuit court clerk. The forms include the following:

• Petition for the Dissolution of Marriage
• Social Security Affidavit
• Financial Affidavit
• Uniform Child Custody Justification and Enforcement (UCCJEA) Affidavit (if necessary)

Along with the forms are filing fees. Your Sarasota divorce attorney will provide the necessary guidance to ensure that your paperwork is complete and you’re filing in the proper court. Once they have been submitted and paid for, copies of the petition will go to the other named spouse. This is not something that is sent in the mail, but delivered by a certified process server. This is another issue where your divorce lawyer can step in and provide support.

The non-petitioning spouse is referred to as the respondent. The divorce process can’t officially get underway until the respondent has been served with the papers. When served, the respondent has the opportunity to respond and address the terms proposed in the divorce filing. Those terms can involve child custody, alimony, child support, and a division of assets.

As you move forward with your divorce, it will fall under one of the following three categories:

Simplified Divorce

A simplified divorce is often referred to as a quickie divorce and meets the following criteria:

• There are no minor children from the marriage
• Both parties agree to the divorce
• Neither spouse wants alimony
• Both parties agree to the marital property division

When this type of filing is presented to a Florida divorce court, the final decree can be granted in 20 days. When you factor in the time it takes to come to terms and file the appropriate paperwork, a simplified divorce can take just a few months from start to finish.

Uncontested Divorce

An uncontested divorce is similar to a simplified divorce, but with the addition of agreements that must be approved by the presiding judge. With an uncontested divorce, the spouses will present their plan, which they agree to, involving child custody, child support, division of assets, resolution of any marital debt, and alimony.

All of those issues will need to be worked out once the divorce petition has been filed. It could take several weeks to gather the relevant evidence and come to terms with your spouse. During this time, there will be negotiations and compromises. For instance, the Florida Department of Revenue provides guidelines that the courts rely on for calculating child support payments based on the shared income of the spouses and the duration of custody.

For most couples, an uncontested divorce typically takes anywhere from six weeks to three months.

Contested Divorce in Florida

A contested divorce is the most challenging type of divorce. It means that the spouses have not come to an agreement on the financial and child custody issues. If there is no agreement, then the parties will rely on the judge to make a ruling to determine the outcome. They will mean presenting evidence and testimony at a trial.

Negotiating all the issues and preparing for a trial can take anywhere from six months to a year. If there is an issue about hidden assets, it can take even longer for investigators to uncover those assets if they exist.

Before the judge makes a ruling, they might require the couple to enter into mediation. That is where an objective third party or mediator works with the spouses and their attorneys to come up with a resolution. That will be presented to the judge for a final hearing and ruling. If mediation fails, the process can drag on, and it will ultimately fall to the judge to make the final decisions, which neither party may be satisfied with.

What Are the Mandatory Financial Disclosures Required in a Florida Divorce?

Couples each bring a certain amount of assets into the marriage. Once combined, they will generate other assets, such as buying a house, a car, or other property. They will also incur a certain amount of debt. All of those assets need to be divided as part of the divorce. To facilitate that division, you need to obtain the complete financial picture of the marriage. The financial affidavit that is submitted to the court needs to include the following:

• Wages and income
• Checking and savings accounts
• Real estate
• Vehicles and personal property
• Credit cards
• Stocks and financial portfolios
• Retirement benefits
• Intellectual property
• Business interests and more

These documents need to be submitted to the relevant court within 45 days of service.

Frequently Asked Questions About Divorce

Filing for divorce is going to mean a major life change for everyone in the family. That will raise a lot of questions. Here are some helpful FAQs that can answer some of those questions.

Do I have to explain why I want a divorce?

Because Florida follows the no-fault divorce laws, you don’t have to say why your marriage failed or what prompted you to file for a divorce. You might have a definitive reason, but it doesn’t matter to the court.

Is a divorce legally binding?

Yes, once a divorce is granted, the couple is legally considered single. All the associated orders related to alimony, child custody, and child support are also legally binding. If there are any issues, such as missed payments or non-adherence to the custody schedule, it may result in another court proceeding to ensure the orders are followed.

Do you have to be separated before you get a divorce?

Some couples opt for a legal separation before a divorce. In that scenario, there could still be matters of child custody and child support that become legal orders for the spouses to follow. However, Florida does not require couples to go through the separation process before filing for divorce. You can move out of the house on Monday and file for divorce on Tuesday.

How is marital property divided in a divorce?

Florida follows the equitable division rules for divorce. A family court judge will strive to arrive at a fair division with the goal of a 50/50 split. For instance, if the couple bought a house, they might agree to sell the house and split the proceeds. If one spouse wants to remain in the house, the other spouse may receive a “buyout” of half the property’s value. That might mean a reduction in alimony. If more than one property is part of the marriage, there may be a split, with one spouse retaining ownership of one house and the other spouse taking ownership of the other house.

Can I get a divorce without involving my spouse?

No. When you file for divorce, your spouse will need to be officially served. The law allows for them to respond. The only situation where the divorce process can be expedited is if there is ongoing physical abuse. That can also involve the criminal courts.

Can we settle our divorce out of court?

Yes, if you and your spouse can come to an agreement outside of court, you can present those terms to the judge for final approval. All divorces must be granted by the courts, and they appreciate it when couples have worked out their issues. It makes the entire process go a lot smoother.