At The Orlando Law Firm P.L. we understand that going through a divorce is a very emotional time in your life.
If you are thinking about divorcing your spouse, you are facing a very important decision with many
consequences to follow. You need to know who will have custody of the children. You are wondering
what happens to the property of each spouse? Who gets to keep the marital house, the car(s)? Am I
entitled to alimony? If so, what kind? I am served with divorce papers, what do I do next?
The answer to these questions depends on the circumstances and facts of each case. Contact the Bano
Law Firm P.L. to guide you through this process and be by your side at all times.
Florida is a no-fault state. In other words, there is no need to prove an actual fault or culpable conduct
on the part of either spouse in order to get a divorce. While the court is generally not concerned with
fault, the party seeking the divorce needs to allege that the marriage is irretrievably broken. If there are
no minor children involved and both parties come to an agreement that the marriage is indeed
irretrievably broken, the court can then grant the divorce. However, if there are minor children involved
or if one of the parties disagrees that the marriage is irretrievably broken, then the court can stay the
proceedings up to 3 months.
Note that another rarely used ground for asking for a divorce in the state of Florida is if the spouse has
been adjudicated incompetent for the past three years.
Florida Divorce Frequently Asked Questions
If I live in another state, can I still get a divorce in the state of Florida?
Florida law provides that at least one of the spouses has to be a Florida resident for the past 6 months.
Florida provides for an equitable distribution of the couple's marital property. Assets are divided in
three main categories:
1. wife's separate property
2. husband's separate property
3. marital assets
The wife and husband get to keep their separate property and get to divide the marital assets.
What property goes into separate property and what goes in marital property?
Separate property includes property owned by the spouse prior to the marriage, gifts or inheritance
received in the single name of the spouse, any income earned from the above properties, judgment
money or anything else that the parties agree in writing that should be treated as separate property.
Any other property that is acquired during the marriage by either party is deemed marital property.
How will the marital property be divided?
Typically marital property should be equally distributed. So each spouse should receive an equal value
of the marital assets. The court, however, may depart from equitable distribution if it can justify it
depending on the circumstances of each case such as contributions and sacrifices by either party.
Does it matter that the property is in my sole name?
Typically courts will look at whether the property was acquired during the marriage. It usually does not
matter under whose name the property is bought unless it falls within an exception.
What kind of alimony will I get?
Please visit our alimony support for more detailed information on alimony.
I have signed a pre-nuptial agreements. What effect will it have on mu divorce?
A pre-nuptial agreement is a contract entered by two people who plan on getting married soon. It
provides for a distribution plan of the assets and liabilities if the marriage comes to an end. If you have
signed a pre-nuptial agreement, that does not necessarily mean that you are only going to get what is
provided for in the pre-nuptial agreement. Such agreements can be attacked on grounds of voluntariness,
substantial fairness or whether there was full disclosure at the time the agreement was entered into.
Contact the The Orlando Law Firm P.L. to find out more about the validity of your pre-nuptial agreement.
Certain things, such as child support cannot be waived or contracted away through a pre-nuptial
What if i or my spouse committed adultery? How does that affect alimony?
Adultery can be one of the factors that the courts consider in awarding alimony. Typically adultery
rends to be relevant when there are economic consequences associated with it
Call today for a free initial consultation.