South Miami Divorce Attorneys

Respected Divorce Lawyers in South Miami, FL

In Florida, there are numerous laws governing the dissolution of marriage, which is more commonly called divorce. Understanding the critical issues that can arise during this process can help you navigate your divorce with clarity and confidence. Miami Family Law Group, PLLC is committed to helping clients navigate divorce proceedings efficiently. With the help of our trusted team, you can feel supported throughout the process, no matter the issues you may need to address during your divorce.

Divorce-Related Issues You Need to Know About

No-Fault Divorce in Florida

In Florida, the divorce process is governed by no-fault laws, which means that neither spouse has to prove any wrongdoing or fault in order to obtain a divorce. Instead of alleging that one party is responsible for the marriage's failure, a spouse can file for divorce on the grounds of irreconcilable differences. The no-fault system simplifies the divorce process, allowing couples to avoid the emotional turmoil and potential animosity associated with blaming one another for the breakdown of their relationship. Under Florida law, there are two primary grounds for divorce:

• Irreconcilable differences - This is the most common reason cited in divorce petitions, and it indicates that the marriage cannot be saved.
• Mental incapacity - If one spouse has been declared mentally incapacitated for at least three years, this may be a valid reason for the other spouse to seek a divorce.

While no-fault divorce proceedings speed up the process, it is important to note that issues like child custody, child support, and asset division will still need to be addressed. These matters are determined based on the individual circumstances of each case rather than the reasons for the divorce.

Age and Health of Both Spouses

The status of both spouses can have a significant impact on various aspects of a divorce, including asset division and spousal support considerations. Here are some factors to consider:

• Life stages - Courts often take age into account when determining the financial needs of each spouse. For example, an older spouse may have fewer opportunities to rebuild their career or income post-divorce, which can influence the decisions regarding alimony or property division.
• Health implications - A spouse who has health issues may face higher medical expenses or a reduced ability to work, and they may require a larger share of marital assets or longer-term financial support to ensure that they will be able to meet their ongoing needs. On the other hand, if either or both parties are in good health and have a high earning potential, those factors can also influence alimony and property division.
• Retirement considerations - The ages of the spouses are an important aspect of divorce discussions, since the financial landscape can shift dramatically after a divorce. For older couples, decisions regarding pensions and retirement accounts may become pivotal, and understanding how these assets will be divided is essential.

Division of Marital Debt

Just as marital assets are divided in a divorce, marital debts are also subject to division. Florida follows the principle of equitable distribution, which means that debts obtained during the marriage are to be shared between both spouses. However, this does not mean a 50/50 split. Here are some key points to consider:

• Identify marital vs. non-marital debt - Debts acquired during the marriage, such as mortgages, car loans, and credit card debts, are generally considered marital debts. However, debts incurred before the marriage or after separation may be categorized as non-marital.
• Equitable distribution - The court may evaluate the circumstances of each spouse, including their financial situations, earning capacities, and contributions to the marriage. This evaluation will inform how debts will be divided.
• Impact on financial future - The division of debt can have long-standing financial implications for both spouses. It is crucial to have a clear understanding of all debts and to negotiate a fair distribution that considers each party's ability to manage their financial obligations.

Contact Our South Miami, Florida Divorce Lawyers

Divorce in Florida can be a multifaceted process that involves significant considerations. By understanding the critical issues that may be involved in your divorce, you can better prepare yourself to face the emotional and financial challenges that you may face. For legal support through your divorce, contact Miami Family Law Group, PLLC at 305-520-7874 to schedule a consultation.