Dissolution is another term you can use for divorce in the state of Florida. Being that Florida is a no-fault state means that the only thing the soon to be ex-spouses need to do is show that their marriage is damaged beyond repair. The state doesn’t recognize common law marriage and no legal separation exists in it.
To get dissolution in the state of Florida there need to be some jurisdictions over the separating parties. This entitles the court to hear and make binding decision for the marriage. This means that in a case of a divorce where the other spouse is not in the state, the court cannot make decisions concerning properties not located in the state of Florida. Also, if the spouses do not file the right financial balance, the court can disclose the marriage but can’t influence the distribution of the marital properties.
Where is your spouse now?
In case the spouse located in Florida does not know the precise whereabouts of the other spouse after appropriate investigation has been done, they may get a divorce by publication. This means that the fact of the divorce is publicly listed for several weeks in an attempt to notify the other spouse that’s not currently stationed in Florida. Upon lack of response from the missing spouse the dissolution proceeds to take place without the consent of that spouse.
In order to file for dissolution, one of the spouses needs to file a petition for dissolution in which the other party needs to respond within a twenty day period. All the jurisdictional requirements are listed within this petition. One of these jurisdictions claims that the spouse filing for dissolution has had to live in Florida in the previous six months, at least. In this petition, the spouse needs to include a financial estimate that lists all the liabilities and assets they might have. In a case where the spouse earns more than fifty thousand dollars yearly, a more detailed financial estimate needs to be made. If minor children are a part of the marriage, a Uniform Child Custody Jurisdiction Act estimate must be filed.
When parties agree to a settlement around the dissolution, no matter if they achieved it through negotiation through attorneys or not, they have to create a binding settlement agreement. In this agreement every asset each party is entitled to will be listed, along with child custody.
Florida’s court gives decision on your property
The state of Florida is an equitable distribution state in which the court decides on the property issues, leaning towards maximum fairness. It is definitely not a community property state. Even though the court favors equal shares and starts off with that mentality, parties will have a chance to prove which properties are they entitled to the most. To do that they must prove that they contributed to gaining those properties and assets with their own labor, without the help of the other spouse. This includes properties owned before a marital union was established. If the parties can’t come to a settlement agreement the case can go to trial.