Creating a Strong Legal Strategy for Your Case

At Winthrop Law Offices, we have a strong reputation for helping families navigate divorce and other family law issues. Our team is here to make this process easier and less stressful by ensuring you have someone on your side who can fight for your rights. Learn more about how divorce works in Florida and what you need to know.

Contact Winthrop Law Offices at (561) 209-0410 to discuss your case.

What Happens When One Spouse Files for Divorce?

While ending a marriage is often a mutual decision, it only takes one spouse who is ready to file for divorce to start the process. In Florida, this is called a dissolution of marriage. At least one party must be a resident of Florida for at least six months and be willing to testify that the marriage is “irretrievably broken.” However, both of these criteria don’t have to be fulfilled by the same spouse.

Once one person files a petition for a dissolution of marriage, the other spouse will be served papers and be given a timeframe in which to respond to the filing. After this happens, the proceedings can move forward. In situations where the spouses are able to agree on all of the terms, it’s considered an uncontested divorce. A contested divorce is when there is at least one term that the spouses are unable to agree on and need a judge to make a decision about.

At the end of the divorce proceedings, the judge issues a final judgment that makes the dissolution official. Depending on the individual circumstances of the case, a dissolution of marriage can take anywhere from a few months to several years to finalize. The more invested the parties are in reaching an amicable resolution, the faster the case generally goes. Having a St. Petersburg divorce lawyer on your side can also help facilitate this process, as they can assist with negotiations and ensure that any filings are correctly formatted and presented to the court to avoid delays.

What Does Equitable Distribution Mean?

Florida Statute 61.075 states that there should be an equitable distribution of marital assets and liabilities in divorce cases. While this can be a straight 50/50 split of all of the marital property, it doesn’t always end up that way. The statute also allows the court to deviate from the equitable distribution if there is a justification based on several other factors. These include more basic things, such as how long the parties were married and the economic circumstances of both spouses. But it also includes more specific situational factors, such as if one person wants to keep the marital home so a minor child can continue living there or if one spouse intentionally depleted or wasted the marital property so the other spouse wouldn’t be able to have it, amongst various other factors.

The law gives the judge great leeway in what they can consider when determining the distribution of the marital property, and the statute even says that the judge can consider “any other factors necessary to do equity and justice between the parties.” This is why it’s so important to have an attorney fighting for your rights and interests. They can present evidence and other support to demonstrate what you should be entitled to in the settlement.

What Happens If There Are Minor Children Involved?

If a divorcing couple has minor children, child custody and child support will also have to be settled as part of the dissolution proceedings. In Florida, child custody issues are now called time-sharing. It determines how the parents will split their time with their children, and the issue of parental responsibility relates to which parent or parents will be responsible for making decisions.

Family law cases involving children are some of the most challenging because parents often have very different ideas of what parental responsibility and time-sharing should look like. The courts focused on what is in the best interests of the children, which can include looking at factors like whether there has been domestic violence and the ability of both parents to create and maintain a stable and supportive home.

Talk to a St. Petersburg Divorce Attorney

If you’re looking for experienced legal representation to help you navigate family law matters like divorce, call Winthrop Law Offices. The team at our St. Petersburg family law firms can explain your options and ensure you’re prepared for what comes next. Call (561) 209-0410.