Most couples walk down the aisle with the intention of saying, “I do,” and staying married until only death separates them. Unfortunately, marriage is not always easy, and some unions will end in divorce. In Florida, the official term is ‘dissolution of marriage,’ and for those in Palm Beach looking to part ways, there are some things to know before starting the divorce process.
What to Know Before You File for Divorce in Palm Beach
In order to file for divorce in Palm Beach, Florida, you must be a resident of the state for a full six months. When couples move from another state to Palm Beach and find their marital union has turned sour, they are often surprised to learn that they can’t do so until they have established residency.
Additionally, divorce in Palm Beach requires that you or your spouse currently live, or have lived in Palm Beach while married. You could also file for divorce in this county if you both agree to the case being filed in Palm Beach.
Types of Divorce
Some couples realize that it’s just not working out and mutually agree to a divorce. Others argue bitterly until the end. There are two types of divorce categories in Florida that handle these scenarios. Uncontested divorces are when both parties are on the same page while a contested divorce is when neither can agree on the major points.
Uncontested divorces tend to be resolved much more quickly as couples parting ways are able to agree on the distribution of the marital assets and debts, alimony, custody, and child support. There is no need to litigate in these cases because a judge doesn’t have to make decisions on your behalf. For a contested divorce, you will need to prepare for a lengthy battle to hammer out the details and dissolve the marriage.
There are always complexities when a marriage with children ends, though when both parties can agree to put the children first, it is for the best. Contested divorces are much more challenging in terms of trying to find the right solution for the children, and the judge assigned to the case will seek to find the best way forward.
Understanding the Divorce Process
If parting ways is the best course of action, then these are the steps you must take in the divorce process:
Filing a Divorce Petition
To start the process, a formal petition for the dissolution of marriage must be filed with the Palm Beach circuit court.
Notifying Your Spouse of the Divorce Petition
Once the petition for the dissolution of marriage is filed by one spouse, it must be formally served to the other spouse. If you are the one to file this petition, then your spouse, once served, will have 20 days to file their response.
Submitting Financial Disclosures
Both spouses must provide a financial affidavit in the divorce process. This includes details about income, expenses, and all assets and liabilities. It allows for the division of the marital assets and debts.
Mediation for Contested Divorces
If your divorce is contested, then it is required to go through mediation. A neutral third party will help you both work together to reach an agreement on the terms.
Going to Trial
Unfortunately, for many contested divorces, mediation may not resolve all the issues at hand. In that case, a trial date will be set and the couple will appear at the proceedings. A judge will review the case and then make a final decision on any areas of contention.
Final Judgment of the Case
In any type of divorce, when an agreement has been reached or the trial has been completed, a judge will sign the final judgment of dissolution of marriage. At this point, the marriage is legally terminated and each party can move forward with their lives.
What Families Should Know When Proceeding with Divorce in Palm Beach
If things don’t work out in your marriage, you don’t have any children, and you can agree on how to divide up the assets, it would be the ideal scenario. Unfortunately, if you have children together, even if you are in agreement, there are some things you must be aware of before you take the next steps to end your marriage.
In Florida, there is a presumption of equal shared parental responsibility and sharing of time with the children. The court will always prioritize the children’s best interests in its consideration of child custody. Along with property division, Florida does not split things up 50/50. Instead, it divides all marital assets and debts fairly, which may mean one spouse gets more than the other.
If one parent is deemed a better fit for primary custody, then they may be the one to come out of the divorce with the family home in the interest of providing for the children. Additionally, alimony, which is also known as spousal support, may be awarded based on financial need, along with child support. If marital misconduct is a factor, the judge can use that in making their decision regarding alimony.
While the case is ongoing, the court can also issue temporary orders for certain matters, such as financial support, child custody, or visitation. If you have children and are thinking about divorcing your spouse, you should consider the outcome of these decisions and how it will impact them.
No one should stay in a marriage that is unfulfilling, where they are treated badly, or even simply because the love has faded. However, considering all the factors involved is imperative, and when you have kids, you should always try to do right by them even while proceeding with the dissolution of marriage.
Even if you and your spouse agree that a divorce is for the best, it is highly advisable to speak with a Palm Beach divorce attorney. They will be able to look at the specifics of your case and help you decide what will be the best course of action.
