Divorce FAQs

Florida Divorce | FAQs

Allow experienced family divorce lawyers at Silverman, Mack & Associates to guide you through the process of a divorce. Review the following frequently asked questions for answers to all of your concerns regarding Florida divorce proceedings.

How does the processes of divorce and annulment differ?

Divorce terminates marriages between spouses and solves numerous issues regarding time sharing, child custody, property distribution and alimony. In the state of Florida, couples do not have to indicate fault in order to acquire a divorce. In fact, most spouses gain divorces off of the premise of irreconcilable differences. Although a divorce may legally terminate a marriage, the existence of the marriage will always be accessible in public records.

Meanwhile, annulments terminate marriages that were illegitimate during the initial marital union. Circumstances involving underaged minors, polygamy, incest, undisclosed impotency, and mental incapacity at the time of the entrance into the marriage are characteristics that may qualify for an annulment. After an annulment, the existence of a marriage between two individuals is permanently deleted from all public records. Further, spouses typically do not qualify for property distribution or marital benefits, such as alimony.

Should divorce and marriage dissolution be considered the same thing?

No. Divorces and marriage dissolutions terminate marriages between spouses. However, they involve different processes. During a marriage dissolution, spouses reach agreements on their divorce together and request to have the terms of the divorce approved by a court of law. During divorce, a judge is required to settle the differences between divorcing spouses. If you are unsure if a divorce or marriage dissolution is suitable for you, consider speaking to Gainesville divorce lawyers at Silverman, Mack & Associates.

Should I hire a divorce lawyer?

Yes. Representation and support from Gainesville divorce lawyers will benefit you.

What are some advantages of obtaining a divorce lawyer?

Florida divorce attorneys will benefit you during a divorce by keeping you informed of your rights and helping to place your issues at the forefront of discussion and advocacy.

What should I expect during divorce?

During traditional divorce proceedings, you should expect several meetings and court hearings. Both you and your spouse will have the opportunity to make your requests known and present your issues in a court of law. Issues such as property distribution, child support and alimony will be addressed. The judge will make the final governing decision regarding the terms and conditions of your divorce.

Will I have to go to court for my divorce?

Yes. Unless you and your spouse decide to gain a marriage dissolution or rely on an alternative method of divorce, such as arbitration or mediation, you will be required to go to court.

When should I file for divorce?

Deciding when to file for divorce is a personal decision between you and your spouse. We cannot advise you on the appropriate timing. However, if you visit our divorce law firm in Gainesville, FL, our attorneys will go over the divorce process with you so that you know what to expect. This may help you to make a decision on when to file for divorce.

How will my property be affected during divorce?

Property distribution is one of the most important issues addressed during divorce. If there is no prenuptial agreement protecting your individual assets, or if there is no noncommunity property, then you should expect for property to be distributed equitably between you and your spouse.

What is the key difference between community and noncommunity property?

Community property refers to property that is acquired during the course of the marriage. As a result, community property is divided between spouses during divorce. Noncommunity property, on the other hand, is property that belongs solely to an individual spouse. Noncommunity property cannot be divided during divorce.

Who will gain possession of the house?

Courts will evaluate several factors to determine which spouse gains possession of the house. If there are children involved, the custodial parent may obtain possession of the house.

Are there any residency requirements?

In order to petition for a divorce in the state of Florida, you must have residence in Florida for at least six years before filing suit.

What happens if I did not get married in the state of Florida?

If you did not get married in the state of Florida, you can still gain a divorce in the state of Florida if you meet the above residency requirements.

I do not wish to gain a divorce. What do I do?

We encourage you to discuss this issue with your spouse to see if a solution can be reached. Many spouses with conflicting views on divorce seek marriage counseling instead. If your spouse is unyielding in his/her decision to obtain a divorce, you will, unfortunately, be required to go through the process. At this particular point, it is best to hire an attorney in Gainesville, FL to ensure that your rights and interests are upheld during divorce.

What elements need to be proven in order to gain a divorce?

In the state of Florida, you do not have to prove fault in order to gain a divorce.  A statement of “irreconcilable differences” between spouses is enough to warrant a divorce.