Every state has its own significant divorce laws and regulations. Florida is a no-fault state, meaning that there does not need to be a party at fault for the divorce. The spouse asking for a divorce simply needs to claim that the marriage is “irretrievably broken.” It is important to note, that when filing for divorce, Florida has its own residency requirements. The spouse filing for divorce has to have lived in the state for at least six months prior to initiating a divorce. However, there is one exception to this rule. If you are currently a member of the military and you live in Florida but are stationed outside of the state, the residency requirement will not bar you from filing for divorce. Furthermore, the filing must be made in the county in which either of the two parties to the divorce resides.
Can I Get a Divorce in Florida if I Got Married in a Different State?
In divorce proceedings, the state where the couple got married is irrelevant. Florida will acknowledge a lawful marriage under the laws of any state in the United States and will allow you to dissolve that marriage through Florida’s laws. For marriages performed outside of the United States, Florida law will also recognize that marriage as long as it was considered legal in the country the couple was married in. However, the six-month residency requirement will still apply.
What is Considered Marital Property in Florida?
Under Florida law, marital property includes all assets and liabilities either spouse acquires during the marriage. Some examples of marital property include money, car, real property, retirement accounts, profit sharing accounts, the increase in value of separate property during the marriage, spousal gifts, etc.
How will Marital Property be Divided Following a Divorce in Florida?
Florida, along with the majority of states, follows the equitable distribution method of splitting martial assets in the event of a divorce. This means that marital property must divided among the spouses in a fair and equitable manner. Couples are free to reach an agreement in regard to each party’s share, however, if no middle ground is reached, a judge or arbitrator will make a decision on their behalf. Factors to be considered are:
- The contribution from each spouse to the marriage, including contributions to the care and education of the children and services as homemaker;
- The economic circumstances of each spouse;
- The duration of the marriage;
- The desirability of each spouse of retaining any asset, including an interest in a business, corporation, or professional practice;
- Any other factors necessary to do equity and justice between the parties.
