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How Should Individuals Contemplating Divorce in Fort Lauderdale Proceed?


— February 7, 2022

Divorcing couples should consult with an experienced divorce attorney, as an objective individual may be able to diffuse the emotional, financial, and family upheaval associated with divorce and child custody actions.


Divorce is a time consuming, emotional, financial, and family disruption for which couples will need to seek professional Family Law attorneys who can point them in the right direction with the hopes of maintaining a stable personal, family, and financial future. The State of Florida does not recognize formal Separation Agreements, so it is best to establish answers to the necessary questions regarding a divorce and seek action to protect fiscal livelihood and family stability while going through the process. A divorce action requires a petition, a financial affidavit and various supporting documents, depending upon what type of divorce action you are filing.  Florida is a “no fault” divorce state, but the process can be complex and it is best to seek a professional divorce attorney in Fort Lauderdale for guidance.

Important divorce-related terms

A skilled divorce attorney can explain the legal requirements to complete the divorce process in Fort Lauderdale.  The following terms explain some of those requirements.

  

  • Residency – must be a resident of Broward County for at least six months prior to divorce.
  • Alimony – an allowance of funds for support to a divorced party from their former spouse, can impact child support amounts.
  • Child Support – an amount of financial support based on each parties’ income; childcare and insurance costs for the dependents, and how many overnights each parent spends with the child.  
  • Child Custody – custody that is in the best interests of the child taking into consideration a multitude of factors. 
  • Parental Visitation – a schedule to be decided upon in advance when shared custody is agreed upon and ordered by the court.
  • Distribution of Marital Assets/Liabilities – distributing the assets and liabilities between the parties to the divorce in an agreed upon manner as directed by the court.
  • Emergency Support – financial support sought after for a separated party before the divorce can be finalized and spousal/child support mandated by the court in the divorce action.
  • Marital Settlement Agreement – a formal agreement between the divorcing parties spelling out the agreed upon terms of settling the financial affairs, taking care of the dependents, addressing visitation, and expenses incurred above child support obligations for the dependents.  

Broward County divorce actions

A toddler in a red sweater looks sad.
Photo courtesy of pxfuel.com.

Fort Lauderdale divorce actions will be filed in Broward County, 17th Judicial Circuit, and may include:

1) Simplified dissolution of marriage – can happen on the same day if both parties agree that the marriage cannot be saved, at least one of the parties has been a resident of Broward County for six months, the division of property and obligations are handled, there are no children as a result of the marriage (or pending pregnancies), no alimony and both parties are giving up the right to trial or appeal on the matter.

2) Dissolution of marriage with dependent  children – Parent education and family stabilization course must be attended by both parties of the marriage, the marriage must be irretrievably broken, and there must be a child or pregnancy resulting from the marriage, and one of the parties must be a resident of Broward County for at least six months.  

3) Dissolution of marriage with no children – Both parties have marital assets and liabilities but there are no dependents resulting from the marriage and the wife is not pregnant, one of the parties must be a resident of Broward County for six months.

4) Dissolution of marriage with no children or property; Both parties have no marital assets or liabilities, no minor dependents, the wife is not pregnant and one of the parties must be a reside of Broward County for six months.

Hire a lawyer

Divorcing couples should consult with an experienced divorce attorney, as an objective individual may be able to diffuse the emotional, financial, and family upheaval associated with divorce and child custody actions.  Please contact the Law Offices of Verna Popo who can offer legal guidance as each of these actions comes with its own subset of guidelines and paperwork to complete and file. 

Sources: 

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061ContentsIndex.html

https://www.browardclerk.org/Divisions/Family#General

https://www.browardclerk.org/Divisions/Family#FilingforDivorce

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