Divorce laws are different in every state. If you need a divorce in Florida, it’s important to understand the specific laws regarding Florida marriage and divorce.
In addition to abiding by state laws, you should be aware of laws that apply to marriages based on length.
What Constitutes a Short-Term Marriage?
A short-term marriage has different implications than a long-term marriage.
A short-term marriage in Florida lasts for fewer than seven years.
A moderate-term marriage has a duration of greater than seven years but fewer than 17 years. A long-term marriage is one with a duration of 17 years or more.
Divorce for Short-Term Marriages
Divorce for a marriage lasting fewer than seven years has most of the same legal grounds as a longer marriage.
In Florida, the marriage must be irretrievably broken or one party must establish mental incapacity of the other party. The divorce-seeking must also prove that the mentally incapacitated spouse has been incapacitated for three years.
If a minor child is involved, the court may order both parties to consult with a marriage counselor. The court may also continue the proceedings to allow reconciliation or take other actions it considers in the best interests of any minor children involved.
When it comes to property division, Florida is an equitable distribution state.
That means that marital assets and debts are distributed in a fair manner. When determining property division, the court considers many factors, including the marriage’s duration. It might make different decisions based on short-term marriages than it would for long-term marriages.
The same questions apply to alimony.
Alimony may be granted to either party and is generally determined by each spouse’s financial standing and needs. In Florida, there are four types of alimony: bridge-the-gap, rehabilitative, durational and permanent. If the need for alimony is determined, the sum is based on a variety of criteria, including the duration of the marriage.
If you are going through a divorce in Florida, contact Laura Spencer Coleman; we provide compassionate family law services for Florida residents.