Divorce

Florida has few requirements for a husband and a wife to petition for a divorce.  The law requires that one of the two parties has lived in the state of Florida for at least six months before petitioning for divorce.  Grounds for divorce include that the marriage be irretrievably broken or that one party has been declared incompetent by the court which is less commonly used.    

Florida is a "no fault" state, which means that neither party is required to prove that the marriage is irretrievably broken due to the actions of the other.  The flip side of the coin is that the infidelity of one party has little impact in the divorceproceeding, with a few exceptions 

Divorce proceedings may be contested or uncontested.  An uncontested divorce may occur when there are no minor children and no property or debts to divide, or when parties are in agreement on all issues.  All or a portion of the divorce may be agreed upon.   

Where the parties are unable to agree on the terms of their divorce a contested divorce is the only option.  In a contested divorce a judge is more involved in the decision making process. 

In a contested divorce the main focus should be on the timesharing (or custody) arrangement of any minor children.  The parties must also sort out their parental responsibilities, distribute the property and debt, including attorney’s fees and expenses of the divorce.   

Common Issues to Resolve in a Divorce Proceeding: 

·       Equitable Distribution or Division of Marital Property  

·       Parental Responsibility and Timesharing (custody) of Minor Children 

·       Alimony to the Husband or Wife 

·       Child Support  

·       Payment of Attorney’s Fees and Expenses 

Dana Pechersky has experience handling the above matters while helping to minimize the anxiety and emotional strains on her clients. 

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For more information, please use the form below or call us at: 954.529.2057