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Divorce is a difficult time for both parties involved, with the legal process itself often adding to the emotions. For those seeking a divorce in Florida, understanding the factors that the court will consider is critical. Florida has specific laws and procedures, and this blog post aims to help couples going through a divorce by explaining some of the factors that play a significant role in the final settlement.
1. The length of the marriage. The length of the marriage plays a significant role in determining the outcome of the divorce settlement. In Florida, it is categorized into three categories, which are less than 7 years; between 7 and 17 years, and 17 or more years. The longer the marriage has lasted, the more likely it is that the court will divide the assets equally.
2. Financial Resources. The court also considers the financial resources of both parties involved in the divorce. This includes their income, employment, and assets. In most cases, the assets and debts are divided equally, but the court may differ from this if one party has significantly more resources than the other.
3. Children's needs and parental responsibilities. If the couple has children, it's vital to consider their needs and what parenting responsibilities are in their best interest. The court will decide on custody and visitation based on the child's best interests, keeping in mind particular factors like the child's health, education, and emotional well-being.
4. Fault grounds or no-fault grounds. Florida is a no-fault divorce state. Thus, couples can seek a divorce based on irreconcilable differences or when one party has been mentally incapacitated for three or more years. However, some circumstances may consider fault fault-based grounds, including adultery, incarceration, or cruelty by one of the parties.
5. The dissolution of marriage agreement. Florida law allows couples to come to an agreement without court intervention. This agreement covers all factors involved in a divorce settlement, from child custody, visitation schedules, and the equitable division of assets and liabilities. The dissolution of marriage agreement helps expedite the process and allows the court to approve the agreement without additional complications.
Divorce is a lengthy and emotionally draining process. By understanding the factors that affect the outcome of a divorce settlement, you can prepare better for the process. Working with an experienced divorce attorney can also help you get a better outcome in court. It's vital to understand that each case is different, and the outcome may differ based on various factors. If you are going through a divorce or considering one, contact an experienced Florida divorce attorney today.
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