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What happens during a divorce?
A divorce is what happens when a couple decides to dissolve their marriage. This dissolution occurs in the state in which they reside. It is ok if that isn’t the state they originally married in. Divorce is a legal process that not only ends a marriage, but it is also a legal process that aids the couple in dividing all their assets as well.
During the process, the couple must disclose all accounts, property, debts, etc. The court and their lawyers work to create an arrangement for the division of these assets. Depending upon state law, that decision is not always an equal division. Some states operate on a principle of equitable division, and that does not always divide things 50/50 between a couple.
Filing for separation vs. a divorce
A separation occurs when a couple chooses to live apart, but are still legally married. One could call separation a stage a couple enters before the divorce. In several states, including Florida, a couple does not need to file legal paperwork to separate. Some states do have legal paperwork that recognizes this action, so that is why there is confusion.
Divorce is a permanent solution. Once a couple files the divorce paperwork, a judge begins work on their case and the end of their marriage. This will divide their assets, property, and anything else the couple owns. These arrangements also cover issues dealing with alimony. Our firm has the best divorce lawyers in Orlando who can get you the settlement you deserve.
Types of divorce
In Florida, there are four types of divorce cases that make their way through the courts.
- DIY divorce- this style is for couples who split amicably and want to save on court fees. They work all issues out ahead of time. This is ideal for couples without children.
- Collaborative divorce- in this situation, there will be outstanding issues to resolve, but the couple agrees to resolve them amicably.
- Mediation- if a divorce is more contentious, mediation is the next step. Couples hire a mediator, and all parties work to find an acceptable solution.
- Litigation & trial- this is the last resort and occurs when a couple can not come to a resolution any other way.
Litigation & trial is both the lengthiest and costliest option, while DIY is the shortest and least expensive. Complexities and finances and other issues will determine which is best for you.
Grounds for divorce
In Florida, there are only two reasons the courts accept as a reason for divorce. One is the irretrievable breakdown of the marriage. The other is the mental incapacity of the spouse. Mental incapacity takes several years to prove, so divorced granted for that reason rarely occurs.
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