What is the process for filing for divorce in Florida, and what factors are considered in determining spousal support?
The process for filing for divorce in Florida involves several steps. First, either spouse must file a petition for dissolution of marriage with the court in the county where they live. The petition must include information such as the grounds for divorce (e.g. irreconcilable differences), the names and addresses of both parties, and any children that are involved.
Once the petition has been filed, the other spouse must be served with a copy of the petition and summons, which notifies them of the divorce and their right to respond. If the other spouse agrees with the terms of the divorce, they can file a written agreement with the court. If they do not agree, they must respond within 20 days of being served with the petition.
If the divorce is contested and the parties cannot come to an agreement, they may attend mediation or a settlement conference to attempt to resolve their issues. If this is unsuccessful, the case will proceed to trial.
In determining spousal support (also known as alimony), Florida law considers several factors, such as the length of the marriage, the standard of living established during the marriage, the age and physical and emotional condition of each party, and the financial resources of each party. The court may also consider the contribution of each party to the marriage, including the contribution of a homemaker.
It is important to note that spousal support in Florida is not awarded in every case and is typically only awarded in cases where one spouse earns significantly more than the other or when one spouse is unable to support themselves. Additionally, there are different types of spousal support, including temporary, rehabilitative, bridge-the-gap, durational, and permanent alimony.
If you are contemplating a divorce or have questions about spousal support, it is important to consult with an experienced family law attorney who can provide you with specific advice based on your unique circumstances.