Divorce Without Children

Divorce is a stressful and emotional journey, even in the absence of children.

Divorce Lawyer in St. Johns, FL: Guiding Childless Couples Through Complex Divorces

For couples without children, the legal process of divorce in Florida can still be challenging and requires the assistance of an experienced, compassionate divorce lawyer in St. Johns, FL. While not dealing with timesharing (child custody) and support issues reduces some complications, numerous considerations remain, such as the division of assets, alimony, and other relevant legal matters.

Grounds for Divorce in Florida

Florida is no fault in divorce, meaning a spouse doesn’t need to prove the other did anything wrong that caused the breakup. The most common grounds for divorce in Florida are that the marriage is "irretrievably broken." This term indicates no reasonable chance of the spouses reconciling their differences. The other ground for divorce in Florida is the mental incapacity of one of the parties, which must have existed for at least three years before.

Filing for Divorce

To file for divorce in Florida, at least one of the spouses must have been a state resident for at least six months before filing. The process begins with one spouse filing a petition for dissolution of marriage in the local family court. The petition outlines the grounds for divorce and details the couple’s requests for alimony, debts, and assets. After filing the petition, your lawyer must serve the other spouse with the divorce papers and give them a specific time frame to respond.

Division of Assets and Debts

Florida follows the principle of equitable distribution when dividing marital assets and debts. Equitable does not mean equal, but rather what is fair based on the circumstances of the marriage. Marital assets and debts include all properties and liabilities acquired during the marriage. Separate assets and liabilities, such as those obtained before the marriage or through inheritance, remain with the respective individual. The court will consider various factors, such as the length of the marriage, each spouse’s economic circumstances, and contributions to the marriage, including homemaking

Alimony

Alimony, also known as spousal support, may be awarded to one spouse to help maintain the standard of living established during the marriage. Florida has several forms of alimony: durational, rehabilitative, bridge-the-gap, and temporary. The court determines the type and amount of alimony based on factors such as the length of the marriage, the financial resources and needs of each spouse, and each spouse's contribution. Not every divorce will result in alimony; it depends on the case's specifics.

Mediation and Settlement

Mediation is considered a valuable tool in the divorce process for couples without children. It involves a third-party mediator who helps the spouses reach an agreement by negotiating on disputed issues. Mediation is beneficial because it can save time and money compared to a contentious court battle. Moreover, it allows the spouses to have more control over the final divorce settlement rather than leaving the decisions in the hands of a judge. An experienced divorce attorney in St. Johns, FL, can provide valuable assistance and advice as to whats fair and what you deserve during mediation.

Finalizing the Divorce

Once the spouses agree on all issues or the court resolves any remaining disputes, they will receive a final judgment of dissolution of marriage. This document ends the marriage and outlines the terms agreed upon or ordered by the court.

hands crossed on table with wedding rings in the center

How Florida Women’s Law Group Can Help

Our experienced divorce attorneys in St. Johns, FL., are here to provide compassionate and knowledgeable legal representation to protect your rights and interests. From filing the initial petition to negotiating a fair settlement and finalizing the divorce, we dedicate ourselves to achieving your best possible outcome. Contact the Florida Women’s Law Group today to schedule a preliminary call, and let us help you win at divorce and life. Contact us using our convenient message form on our website. Begin your journey with the legal assistance, and care you need.