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Stuart Divorce Lawyers

Providing Effective & Compassionate Divorce Services in Martin County, Florida

To get a divorce in Florida, you must first file a Petition for Dissolution of Marriage. In order to be eligible for a petition, either spouse needs to have lived in Florida for at least six months. The petition should be filed with the circuit court of the county where the individual filing the petition (the petitioner) resides. The other spouse (the respondent) needs to be formally notified of the filing. Should the respondent file a Counter Petition or Answer that denies or disagrees with anything in the petition, the petitioner can submit a Notice for Trial and proceed forward with a contested divorce.

At ADL Law, P.A., our Stuart divorce attorneys have years of experience in this practice area and can provide effective representation at all stages of the legal process. Whether you are filing for divorce, contesting a petition, moving forward with a contested dissolution, or more, we can help you resolve your matter quickly and efficiently. Our divorce attorneys in Stuart, FL, have a comprehensive understanding of family law and will work to handle all your legal obligations while you focus on other matters.

Divorce Laws in Florida

Our goal is to help you achieve all your divorce-related needs while fighting for your best interests and ensuring your rights are fully protected. We understand all aspects of divorce laws in Florida and will work to make your experience with us as efficient and pleasant as possible.

  1. First, you should know that the only two grounds for divorce in this state are if one of the parties is mentally incapacitated or if the marriage is irreparably broken.
  2. Secondly, you should be well-prepared for a contested divorce if you are the petitioner, even if your spouse states otherwise. This is because they may want property, assets, custody, or other things that you believe are yours. Our Stuart divorce lawyers will use their extensive experience and skill set to help you retain your belongings and your rights.
  3. Lastly, you should know that Florida is an equitable distribution state and will distribute your debts and assets in an equitable and fair manner.

When making decisions for property division, the court will take into account these factors, and more:

  • The duration of the marriage
  • Economic statuses of both parties
  • Contribution to the marriage made by both spouses
  • All other factors that may be necessary to do justice and equity between parties

Contested vs. Uncontested Divorce in Florida

The primary difference between contested and uncontested divorce in Florida is that contested divorces require a court hearing while uncontested divorces do not. In an uncontested divorce, both parties agree on the terms of their divorce, such as division of assets and child custody.

In a contested divorce, however, one or both parties are not in agreement and must have a court hearing to settle the differences between them. The outcome of a contested divorce is determined by the court whereas an uncontested divorce is decided by mutual agreement.

Equitable Distribution

Chapter 61, Section 075 of the Florida Statutes outlines the principles and procedures for equitable distribution of marital assets and liabilities in Florida divorce cases.

The statute requires that marital property and debts be divided in a fair and equitable manner, which does not necessarily mean an equal division. The court must consider various factors listed in the statute when determining how to divide the marital property and debts.

These factors include, but are not limited to:

  1. The contribution of each spouse to the marriage, including contributions to the care and education of the children and services as homemaker;
  2. The economic circumstances of each spouse, including the desirability of retaining any asset, such as the marital home or business, intact and free from any claim or interference by the other party;
  3. The duration of the marriage;
  4. The interruption of personal careers or educational opportunities of either spouse;
  5. The contribution of one spouse to the personal career or educational opportunity of the other spouse;
  6. The contribution of each spouse to acquiring marital assets and liabilities;
  7. The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party;
  8. The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition; and
  9. Any other factor necessary to do equity and justice between the parties.

Overall, the goal of equitable distribution is to ensure a fair and reasonable division of marital assets and liabilities based on the specific circumstances of each individual case.

    To learn more about divorce laws in Florida and how our Stuart divorce lawyers can help you, feel free to contact us today at (772) 210-9097.

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