Common Misconceptions About Divorce In Florida

Many spouses in Florida are currently approaching divorce for the first time. Many of these individuals will have little to no experience with the legal world, and their understanding of divorce may come primarily from movies, tabloid journalism, and rumors. This leads to numerous misunderstandings and misconceptions, and these have the ability to seriously affect a spouse’s divorce outcomes. As a result, it makes sense to identify and address the common misconceptions surrounding divorce:

You Need a Reason to File for Divorce

 You don’t need a real reason to file for divorce in Florida. The Sunshine State allows no-fault divorces, which means you can end your marriage by simply stating that it has become irretrievably broken. It’s also worth mentioning that you can divorce your spouse even if they don’t agree with the decision. You should never feel reluctant to file for divorce if it’s what you really want. The no-fault process is easy and you can file your divorce petition within a few days alongside a qualified attorney.

 You Have to Go to Court 

Most people envision themselves in a courtroom, arguing with their spouses in front of a judge in order to resolve their divorces. But this type of situation is more common in movies than in real life. A much more popular and convenient option is to create a divorce agreement outside of court and avoid a trial altogether. This can be accomplished through mediation or collaborative law, and it has many benefits. A non-litigated divorce is cheaper, easier, less stressful, more private, faster, and more conducive to child mental health. In addition, it gives spouses much more control over the outcome of their divorces, as they do not need to put decision-making authority in the hands of a judge.

 You Lose Half of Everything 

In Florida, there is no reason to assume that you will lose 50% of your wealth during a divorce. It is certainly possible to lose some of your wealth, but this all depends on a number of factors. Unlike community property states like California, California follows a system of equitable distribution. This means that family courts do not simply split everything down the middle in a 50/50 manner, and they instead adopt a more careful approach.

It’s also worth mentioning that the only assets that are even eligible for equitable distribution are marital assets. These are assets that were acquired during the marriage. If you accumulated assets prior to signing the marriage contract, they are considered separate property. Separate property, for the most part, cannot be divided according to the equitable distribution process. You get to keep these assets.

 Where Can I Find a Qualified, Experienced Divorce Attorney in Florida? 

If you still have questions about divorce, book a consultation with Orlando divorce lawyer Steve Marsee, P.A. at your earliest convenience. During this initial meeting, you can ask many questions and receive accurate information from a genuine legal professional. Internet research can only take you so far, and you’ll need help from a lawyer to pursue real results. Time is of the essence, so reach out today to get started with an effective action plan.

Sources: 

floridabar.org/public/consumer/pamphlet010/

stateofflorida.com/divorce/