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Frequently Asked Questions about Divorce

by David W Veliz on Jun. 08, 2017

Divorce & Family Law Family Law 

Summary: Below are answers to some frequently asked questions by people looking to seek a divorce in Florida.


What are grounds for divorce in Florida?

Florida is a no-fault divorce state, which means that in order to divorce you must prove either that the marriage was irretrievably broken or that there was mental incapacity on the part of one of the spouses. In order to claim mental incapacity, under Florida statutes, there must be an adjudication of mental incapacity for at least three years.

 

Is there a residency requirement to divorce in Florida?

Yes. You must have resided in Florida for at least six months in order to file divorce.

 

How long am I obligated to pay child support?

The child support obligation runs until a child reaches the age of 18 or the time when they graduate high school, whichever is later, but not past 19 years of age.

 

What can affect the amount of alimony I receive?

Alimony is set up to assist a party after divorce. Factors that affect the duration and amount of alimony payments can be financial resources of the parties, the standard of living during marriage, how long the marriage lasted, the time necessary for a party to find appropriate employment, your contribution to the marriage and each party’s separate amount of assets.

 

If you inherit assets or property after marriage, is this property considered a marital asset during divorce?

Although the state of Florida is an equitable distribution state, in most circumstances, inherited property or assets would not be considered a marital asset subject to property division, as long as the asset was not titled in both spouses’ names, was not co-mingled with marital assets, and marital funds were not used to maintain or support the property or asset.

 

This article answers some of the most frequently asked questions by consumers looking for guidance about the divorce process.

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