PALM BEACH DIVORCE RESOURCE: DIVORCE BASICS

There is no "sugar coating" the process of divorce.  It is hard. Hard on the spouses, hard on the children and hard on the money.  Divorce is a process that, no matter how much one spouse can want it, it can still unpleasant for all who are involved.  

For this reason, it is recommended by the developer of this website (a divorce lawyer) to work as hard as possible on developing and keeping a happy, healthy and fun relationship with your spouse.  A good place to start in this regard is with the events & advice column of this website, or by seeking advice from marriage counselor (a few great ones are listed by geographic location under the "Find a Counselor" tab at the top of this webpage).

Although a great way to deal with divorce is to take steps to avoid it, in some cases divorce is inevitable or represents the best scenario for a relationship or family.  When this is the case, the best way to deal with divorce is to be educated about the process, the law, and the likely outcome in your case based on the law.  Knowing about the process and the likely result facilitates decision-making that promotes an efficient and timely resolution of your marital affairs so that you and your family can focus on moving forward and healing.  Anything less simply prolongs divorce and usually exacerbates what is already an unpleasant situation.

 Florida Divorce- Main Issues of Concentration

There are four primary areas of concentration that have to be addressed in most divorce cases.  Anyone who is or anticipates being involved in a divorce in Florida should know as much as they can about these issues: (1) child custody issues; (2) property division issues; (3) alimony (spousal support) issues; and (4) child support issues.   A wealth of information on each of these topic areas is provided through the related Palm Beach Divorce Resource information centers listed on this website.  These information centers are accessible by navigating the "Palm Beach Divorce Resources" menu on the top of this website or by clicking on the link for each topic listed below:   

• Child Custody Information Center

• Property Division Information Center

• Alimony Information Center

• Child Support Information Center

Florida Divorce- Settlement Through Mediation 

In addition to the four primary issues of concentration that arise in divorce cases, it is helpful to understand the procedural process and basic legal framework of how a marriage is dissolved in Florida.  Fortunately, most divorce cases are settled through divorce mediation, either before or after a spouse files a divorce petition with their local circuit court.  Approximately 75% of divorce cases settle at the first mediation within two to three months of lawyers becoming involved, with most all of the other cases settling at a second mediation.  

Divorce mediation is explained in more detail through the links below:

• Divorce Mediation Information Center 

Florida Divorce- Basic Questions Answered

In the past, some states, including Florida, required proof of adultery, cruelty or abandonment before a divorce could be granted.   Now, however, Florida is a "no fault" divorce state, which means that in nearly all situations a judge has to grant one spouse's request for a divorce, even if the spouse does not want a divorce..  

In some parts of the country the law requires spouses who want a divorce to go through 6-12 month separation periods before a divorce can be granted.  Florida does not follow this concept, and the law allows parties to get a divorce within 20 days of filing their divorce petition if the parties have agreed on the terms of their settlement. 

Below are answers to questions Palm Beach County Divorce Lawyers commonly receive concerning the procedural aspects of divorce in Florida, such as "when can I get a divorce" and whether or not there has to be "marital misconduct" (an affair) before a divorce can be granted in Florida.  Clicking on the questions below will show a detailed answer to the question.  Remember to also view the separate Information Centers on this website that explain in detail Divorce Mediation, Child Custody, Child Support, Property Division and Alimony. 

• Who determines when I can get divorced in Florida?

• When can I get divorced in Florida?  

• Do Florida judges have to find "fault" to allow divorce? 

• What has to be shown in Florida for a judge to determine that a marriage is "irretrievably broken"? 

• Can a Florida judge order marriage counseling? 

• What happens under Florida law if one of the spouses involved in a divorce is mentally incapacitated?

• Does Florida allow any legal defenses to divorce?  What if my spouse and I occasionally sleep with each other? 

• Does adultery impact how much alimony is paid or received in Florida? 

• What impact does physical abuse have on an award of alimony in Florida? 

• What type of alimony will be awarded if there are other incidents of misconduct? 

• What impact does marital misconduct have on the distribution of marital assets and liabilities in Florida? 

• How does having an affair affect custody of children in Florida?