Terms to Know When Getting a Divorce in 2022
If you are considering a divorce, it is normal to be unsure of what to expect. Knowing some of the most basic divorce terms and the laws surrounding them can greatly help prepare you for the process and help you understand what you can expect. Below, our Orlando family lawyer explains the most common terms of the divorce and the laws in Florida that pertain to them.
Grounds
Unlike the majority of states in the country, Florida is a “true no-fault” divorce state. While all states have allowed for an option of no-fault divorce since 2019, in Florida, as in other true no-fault divorce states, this is the only option. When filing a no-fault divorce, the spouse submitting the petition must only state that there has been a breakdown in the marital relationship due to irreconcilable differences and that there is no chance of the couple reconciling. The filing spouse does not have to make accusations of fault, or prove the other party was responsible.
Property Division
During any divorce, the marital assets are divided. Contrary to what many people believe, this does not mean that each spouse will receive half of the assets. Marital assets and liabilities include any property or debt the couple accumulated during the marriage. In Florida, property division matters follow the equitable distribution model, which means property is divided fairly, but not necessarily equally.
Child Custody
Child custody is often the most contentious term of any divorce for couples that have children together. In Florida, the law does not actually reference the word ‘custody.’ Instead, the word ‘time-sharing’ is used. Parents can create a parenting plan with time-sharing schedules included. If they cannot reach such an agreement, a judge will make the final decision based on what is in the best interests of the child.
Child Support
Another term that has the potential to become contentious in any divorce is child support. All parents in Florida are expected to financially support their children. Usually, the parent that spends the least amount of time with the child is required to pay child support to the other parent. A court order pertaining to child support is final and legally binding. Failing to pay it has serious consequences.
Mediation
Finally, it is important to know that not all divorce cases end in a bitter battle in the courtroom. Spouses can enter mediation instead. During this process, the spouses meet with a third party mediator, who will foster communication and compromise between the couple so they can reach an agreement. Mediation often works but when it does not, the couple will have to go to trial and let a judge decide.
Our Family Lawyer in Orlando Will Help with All Terms of Your Divorce
If you are getting a divorce, our Orlando family lawyer at O’Mara Law Group can explain the different terms you may come across and help you obtain the fair settlement you deserve. Call us today at 407-634-6604 or contact us online to schedule a consultation with one of our skilled attorneys.
