No one makes a marriage decision with pessimistic expectations. Marriage is an important commitment that changes people’s lives. However, making the decision to end it is a different story. That is why few things in life match the stress people go through when it comes to divorce.
Divorce can be a smooth process, but in reality, many people file for divorce amid marital strife, which often makes the divorce proceeding rough. That is why partnering with an experienced divorce attorney can help you facilitate the process from beginning to end.
If you’re starting the divorce process in Dunedin, FL – Hendry & Parker, P.A. can relieve your burden by handling your divorce case from evaluation to resolution.
What are the Legal Grounds for Divorce in Florida?
Florida uses a “no-fault” statute. This implies that spouses don’t have to explain why they’re ending their marriage. Spouses cannot legally place blame on each other for their divorce to get property or have an advantage during case proceedings. There are only two grounds for divorce in Florida:
The Marriage is Irreparably Broken
Most divorce cases in Florida are filed on this ground. It implies that spouses are no longer able to continue with the marriage. However, even if both spouses are content with the decision, the judge won’t grant them divorce without proof that the marriage is irreparable.
In any of the above situations, the court can order the spouses to attend counseling sessions or consult a professional in a similar field. In addition, the judge may make similar decisions when the ‘irretrievable broken’ reasoning appears controversial.
Mental Illness
Based on Florida’s statutes, marriage dissolution can be granted if one spouse claims the other is mentally incapacitated to continue with the relationship. But, the rules are substantially strict for this allegation, and the spouse filing for divorce must prove that:
- The mentally ill spouse must have been proven incapacitated three years before filing the divorce.
- The court-appointed committee reports that the incapacitated individual is indeed in that state.
- The spouse filing divorce sends a copy of the proceeding to the closest relative of the incapacitated person.
If the incapacitated individual has no legal guardian, the court will appoint a representative for the guardian during the proceedings. To succeed on any of these grounds, the spouse filing the divorce in Pasco County and Dunedin, FL, must have a competent and experienced divorce lawyer.
Is Legal Separation Recognized in Florida?
Many states in the United States acknowledge legal separation, but Florida is exceptional.
Contrariwise, Florida’s less formal arrangement helps spouses address their issues. So if spouses decide to live separately, they must maintain separate residents, pay their bills separately, and deactivate joint bank accounts. If you’re in such a situation in Pasco County and Dunedin, FL, our divorce attorneys can help you arrange your separation outside the court.
Common Divorce Issues in Dunedin, FL
Florida is a no-fault divorce state. The spouse filing the divorce only needs to prove the marriage is irretrievably broken. Even if one party is solely responsible for the divorce, the court upholds equitable distribution of property.
Nonetheless, some of the common grounds for marriage breakup in Dunedin, FL, include:
- Criminal behaviors
- Neglect
- Financial difficulties
- Adultery or infidelity
- Desertion
How Does Florida Deal With Property Divorce?
The law of equitable distribution in Florida states that marital assets and liabilities must be distributed most equitably. Nevertheless, when dividing assets and liabilities, the court considers factors such as time-sharing, child support, and alimony awards. In addition, other factors guiding the court decision may involve:
- Length of the marriage
- The economic status of both parties
- Each party’s contribution to the acquisition and income production
- Desirability to retain the marital residence for dependent children
- Intentional depletion or destruction of marital property during the proceedings or two years before the divorce
Complex Divorce? Put Hendry & Parker, P.A. in Your Corner
Divorce cases are never easy — they can take a toll on your time, resources, and mental and emotional well-being. Many people choose to stay in toxic marriages to avoid the stresses and uncertainties that come with divorce. It’s understandable to be hesitant when you’re unsure what will happen to your children and how life will look afterward.
However, your physical and psychological well-being is essential — you don’t have to go through a divorce alone. Our divorce attorneys at Hendry & Parker, P.A. can help you break down the divorce process into manageable chunks and be with you every step of the way.
Lawyers Don Hendry and Kris Parker have vast experience with divorce cases, having handled over 100 trials in Pasco County, Dunedin, and Tampa Bay. You can always reach them directly through calls, emails, or texts. They prioritize client communication to offer clients personalized services.
Contact Hendry & Parker, P.A., or fill out the form for a personal case evaluation.
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