Under Florida divorce laws, similar to other states, it does not typically make a significant difference who files for divorce first or who becomes the petitioner. A lawyer may suggest that it may make a difference if a particular court’s subtle inclinations are different in one county than in another.
For example, if a lawyer is aware that a judge in a Circuit Court of a certain county tends to grant large child support amounts. In that case, it may affect an attorney’s decision to file the divorce first, depending on whether or not their client is the spouse who earns the income.
Spouses have two options in divorce cases, including:
- Filing for divorce in the county where they reside;
- Waiting for their spouse to file in the other county of residence
In Florida, spouses must have resided in the county of filing for at least six months. If an individual has any questions regarding Florida divorces, they should consult with a local Florida attorney.
What Is Divorce Law?
A divorce is a legal procedure that dissolves a marriage. Once a divorce is finalized, each party has to remarry if they wish to.
Divorce laws govern divorce cases. Divorce decrees are final rulings from courts that provide a judgment and order, making the dissolution of the marriage official.
Each divorce decree will be unique based on the facts and circumstances of each individual case. The objective of a divorce decree is to summarize the responsibilities and privileges of each of the parties related to the divorce and to provide instructions regarding child custody and division of property if they apply.
Divorce decrees are important because the divorce process will not be completed until the decree is issued. This means that an individual’s marriage or divorce status will not be modified until their divorce decree is ordered.
Ongoing divorce proceedings can involve numerous different areas of an individual’s life, including:
- Debt;
- Property possession;
- Taxes;
- Employment benefits;
- Other legal rights.
Divorce decrees typically address issues including:
Divorcees also govern issues related to children, if applicable, such as:
- Custody;
- Support;
- Visitation;
- The financial obligations of each of the parties, for example, if debts are to be paid by one or more of them.
In addition to these legal issues, divorce decrees will typically contain essential information regarding the case, including:
- The names of the parties;
- The effective date of the divorce decree;
- The case number.
This information can be used to locate divorce records at a future date. Usually, these records are kept at the local county records office.
Divorce records provide evidence that the individuals who were previously married have legally and officially terminated their marriage. Divorce records can be official, which means they can be accessed from state records for a fee, or they can be indexed, which means they can be accessed through various websites or organizations.
Divorce records can typically be obtained at the county court in which the divorce was filed. If the record is not available at that location, it may be obtained with a private company, on a website, or at the local recorder’s office.
Can a Spouse Relocate if the Laws in a Florida County Disfavor That Spouse?
If both spouses reside in the same Florida county, it does not matter who files for divorce first. It will also make little substantive difference in the outcome of the case, as the court will attempt to decide fairly.
One of the few advantages of filing first is that the filer chooses where the case is filed, and their filing will determine the ensuing deadlines. In contrast, there may be differences in state law that may favor or disfavor a petitioner.
If the laws of a different state favor a petitioner, there is nothing that prevents a spouse from moving to that state in order to take advantage of the favorable laws. The spouse who is moving away should be cautious during the waiting period in the other state that their spouse does not file in the first state before they do.
For example, Florida is not a community property state but, instead, is an equitable distribution state. This means that the marital property will be divided based on several factors, including who purchased the property.
This means that if a spouse believes that they only own 20% of the marital property, they may want to consider relocating to a community property state, such as California, before filing for divorce in order to obtain half of the property.
What Is Equitable Distribution?
When individuals consider a divorce, all of their property has to be categorized as separate or community property, including homes, automobiles, and bank accounts. Community property is usually anything that is acquired by the couple during their marriage.
Separate property is usually acquired before the marriage by gift or inheritance. The main difference between community property and equitable distribution states is how the marital community property will be distributed.
In equitable distribution states, courts have the ability to make property divisions as fair as possible during a divorce. If the circumstances warrant, this may include one party receiving a more significant portion of the community property.
This may be based on how much separate property each of the spouses has. For example, a court may award more community property to the spouse who has significantly less separate property.
In a community property state, separate property is not considered for division.
How Is Property Divided in an Equitable Distribution State?
Each jurisdiction has its own list of elements that a court will consider before dividing property. One factor is each spouse’s contributions to obtaining marital property, monetarily and otherwise.
The court will consider each of the spouse’s financial and earning power and examine their current assets and career options. The court will examine each of the spouse’s contributions to the other’s education, career, or earning power.
Examples of this may be situations where one of the spouses gave up their career to care for children or who worked to provide for the family while the other spouse was in school. The age of each spouse, as well as their current and future healthcare needs, may also provoke a shift in distribution.
This is because one of the spouses may require substantial medical treatment either currently or at a later time, meaning they would need more of the couple’s community property.
What Other Advantages Could a Spouse Have In Filing for Divorce First?
There may be some advantages to filing first that may affect the outcome of a case. However, some of these are limited by state law.
In numerous states, the spouse who is filing for divorce may choose between a fault or no-fault divorce. Florida prohibits the use of fault grounds for divorce, even if it would be permitted in other states.
The party who is filing for divorce will determine the timetable of the proceedings, which may be necessary if one of the parties needs time to sort out their affairs. Filing first may be more important if the spouses reside in different states.
For example, if a spouse files for divorce in New Jersey and the other spouse resides in Florida, New Jersey law can control the case.
Should I Contact an Attorney for My Divorce?
You may be considering filing for a divorce in the State of Florida or have questions about a Florida divorce. If so, it is essential to consult with a Florida divorce lawyer. Divorces can create complex and stressful situations.
Your lawyer can provide you with advice regarding where and when to file and any advantages you may enjoy if you file first. Your lawyer will also provide representation throughout the proceedings as well as during mediation or negotiations if they occur.
