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Divorce and separation law in Saint Augustine falls under the umbrella of Florida state law. Florida is a "no-fault" divorce state, meaning that it is not necessary for one party to prove that the other is at fault for the failure of the marriage. Either spouse can file for a dissolution of marriage on the grounds that they believe the marriage is "irretrievably broken". Divorce proceedings cover a range of issues such as the division of assets and liabilities, alimony, child custody, and child support.
Legal assistance may be necessary in divorce and separation cases due to the complexities of the issues involved. Matters such as alimony determination, child custody and support, as well as asset division can become contentious. A lawyer can guide you through this process, protect your rights, and advocate for your best interests. You may also need a lawyer if there's a dispute over the terms of the divorce or if it goes to trial.
Under Florida law, one or both parties must have been a resident of the state for at least six months before filing for divorce. The state favors equitable distribution of assets and liabilities, which means they are divided fairly but not necessarily equally. Alimony may be granted to one spouse depending on various factors such as the duration of the marriage, the financial resources of both parties, and the standard of living during the marriage. In regard to child custody, Florida law promotes frequent and continuing contact between children and both parents whenever it is in the best interest of the children.
Florida law requires a minimum of 20 days waiting period after filing for a divorce. However, the actual duration varies depending on the complexity of the case, whether both parties agree on the terms, and the court's schedule.
Yes. As long as you or your spouse meet the residency requirement of living in Florida for at least six months prior to filing, you may file for divorce in Saint Augustine regardless of where the marriage took place.
Yes. Alimony can be modified or terminated under certain conditions like significant changes in circumstances, the recipient spouse's remarriage, or cohabitation.
"Equitable distribution" means a fair distribution of marital assets and liabilities. This does not necessarily mean a 50-50 split but rather what the court deems as fair considering factors like each party's contribution to the marriage and the economic circumstances of both individuals.
While it is legally possible for you to represent yourself, it is generally not recommended due to the complexity of Florida divorce laws. Considering the issues at stake, it is often beneficial to consult a lawyer.
For further assistance, the Florida courts website (www.flcourts.org) provides numerous resources including family law forms, rules, and procedures. The Florida State Bar Association's lawyer referral service can also be helpful for those seeking legal representation. Local family service organizations may provide support for counseling, mediation, and other non-legal needs related to divorce and separation.
If you need legal assistance in a divorce or separation case, consider consulting with a family law attorney in Saint Augustine. Gather all relevant documents and information regarding your marital assets, children, and issues of concern. Be prepared to discuss the terms of the divorce that you wish to propose. Remember, open communication and compromise often result in smoother proceedings and fair outcomes.
