Divorce Without Alimony In Florida
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There is no mandatory waiting period for divorce in Florida, so individuals who have lived in the Sunshine State for a long time may not have to wait at all.
While not an official law, many Florida courts institute a “7-year” rule when it comes to the length of the marriage. If the marriage has lasted longer than seven years, it's considered a “long marriage”, while a “short marriage” is one that lasts less than seven years.
In Florida, self-sufficiency can disqualify you from receiving spousal support or alimony in Florida. If the court determines that you have the financial means or can gain employment to meet your needs of independently, you may not be eligible for alimony.
There is a rebuttable presumption for an award of permanent alimony in a long-term marriage, which is 17 years or longer. There is no presumption for or against permanent alimony in a moderate-term marriage, which is a marriage greater than 7 years but less than 17 years.
The only requirement to dissolve a marriage is for one of the parties to plead and prove that the marriage is “irretrievably broken” or that one party has been adjudicated mentally incapacitated for at last three years prior. Either spouse can file for the dissolution of marriage.
Divorce Without Spouse's Consent: In Florida, divorce proceedings don't require both parties to agree. Even if a spouse refuses to cooperate or sign divorce papers, it's possible to file for a no-fault divorce based on irretrievable breakdown of marriage.
While there is no such thing as legal separation in Florida, a court can consider the date that the parties separated to divide assets or liabilities. In many cases, there is also a factual dispute as to the date of separation as parties may slowly grow apart or do a trial separation prior to deciding to fully divorce.
Prenuptial (prenup) and postnuptial (postnup) agreements are powerful tools to avoid alimony in Florida. These legal contracts allow couples to set terms for alimony before or after marriage. Prenuptial Agreements: A prenup is signed before marriage.
Prenuptial (prenup) and postnuptial (postnup) agreements are powerful tools to avoid alimony in Florida. These legal contracts allow couples to set terms for alimony before or after marriage. Prenuptial Agreements: A prenup is signed before marriage.
Yes, Florida is a no-fault state and only one of the parties needs to indicate that the marriage is ``irretrievably broken.'' A spouse does not have to sign the divorce (dissolution of marriage) papers for you to proceed in filing or obtaining a divorce.
