Call Us (Orlando): 321-209-1878
(Ft Lauderdale): 954-703-0005
Divorce can be a scary and, often, angry process. You have so many questions and are searching for guidance, all while your whole world is being turn upside-down. Below are the answers to a few of the questions you may have to help you feel more certain on this unsteady path.
Can I get divorced in Florida? The rules and protocols to getting a divorce vary from state to state. To get divorced in Florida, the court must get jurisdiction of the divorce, jurisdiction over you and your children, and over your property. Jurisdiction is defined as the “official power to make legal decisions and judgments.” In order for the Florida court system to have jurisdiction to grant the divorce/dissolution of your marriage, either you or your spouse must have resided in Florida for at least six(6) months prior to filing your petition. This gives the court subject matter jurisdiction, which is jurisdiction over the laws and facts involved in your suit.
How does the court get jurisdiction over me? To get jurisdiction over you, you need to be served personally, or otherwise waive personal jurisdiction by appearing in court or sending a paper to the court. Personal jurisdiction is the power of a court to render a judgment against each party in a suit. Once the court has jurisdiction over you (personal jurisdiction) you may be ordered to pay money in the form of child support or alimony and you may be forced to comply with the court’s orders and requirements. Keep in mind that the court can grant a dissolution of marriage so long as it has subject matter jurisdiction. The court does not have to have personal jurisdiction.
How does the court get jurisdiction over the children? The children’s “home state” is where the court will have jurisdiction of the children. The home state is where the child has lived with a parent for six (6) consecutive months prior to the filing of the petition. The law that applies to the jurisdiction of children is the Uniform Child Custody and Enforcement Act (UCCJEA). This law applies in many states throughout the U.S. and it is intended to provide uniformity among the states as it relates to jurisdiction of children and enforcement of orders and judgments relating to the children
How does the court get jurisdiction over my property? There are several ways for the court to get jurisdiction over your property. If the court has jurisdiction over you, for example, then it will also have jurisdiction over your possessions. If you own real estate property in Florida, then the court will have jurisdiction over that property. The same can be said for any car(s) you may own, boat(s), etc.
Can we get a legal separation in Florida? No, there is no such thing as a legal separation in Florida.
Do I need to establish fault in order to be granted a divorce in Florida? No, as long as there is a finding that the marriage is irretrievably broken the court will grant the dissolution of marriage.
Once you’ve decided whether or not you can petition for a divorce in Florida, there are other factors to start considering. Further issues include parental responsibility, equitable distribution of assets and liabilities, alimony and attorney fees, child support and other issues relating to financially supporting a child including, but not limited to, health insurance, child care, and other matters that are particular to your case.
Mary Zogg has extensive experience in assisting Orlando, Winter Park, Maitland, Longwood, Central Florida and Fort Lauderdale residents who require professional Divorce and Family Law Attorney legal services.
FAMILY LAW ADVOCATE
Mary Zogg , Attorney at Law
Call Us (Orlando): 321-209-1878
Ft Lauderdale: 954-703-0005