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Home > Family Law > The Divorce Process in Florida

The Legal Process for Divorce in Florida

Walking you through the dissolution of your marriage in Boca Raton

Divorce is often a stressful and emotional process. The dissolution of your marriage can involve changes in your housing, your financial situation and the stability of your children’s lives. The attorneys at the Law Offices of Schwartz|White, representing clients in Boca Raton and throughout South Florida, work to minimize the stress of your case by keeping you involved and informed at every stage in the process.

We achieve that goal by minimizing conflict whenever possible. When disputes arise, we aggressively represent your interests in issues of property division, custody and spousal support. Depending on the circumstances of your case, a divorce can be over as soon as 20 days after the completion of paperwork or can continue for months or years when the parties remain in dispute.

Requirements for divorce in the state of Florida

Divorce in the state of Florida is simpler than in many other states because the party seeking the divorce generally does not need to show any type of cause. Dissolution of marriage is allowed in any case where the marriage is broken beyond repair. There is no need to prove that a spouse was unfaithful or violent. For the state to grant a divorce, one of the parties must have resided in Florida for at least six months.

Starting the divorce process in Boca Raton

Florida’s divorce process begins with a filing called a “Petition for the Dissolution of Marriage.” This form must be signed and notarized. It will then be filed with a court and served to the other spouse. The court’s first task will be to divide the marital property. Because Florida uses “equitable distribution” in divorce cases, there is a presumption that property will be divided evenly unless economic circumstances, the needs of children or other factors warrant a different distribution. Our attorneys tenaciously represent you in court when property division is contested.

Legal considerations involving children in Florida divorce cases

Florida law requires judges to act in the best interests of children during a divorce. Parents are urged to work together to create a parenting plan that meets the needs of everyone involved. When no agreement is reached, we advocate for you and your children with regard to issues such as child custody and child support. Our attorneys work with parents, children and court-appointed psychologists to help you achieve the best results for your children.

Helping clients understand the tax consequences of a divorce

A divorce often has unforeseen tax consequences. Our attorneys will help you understand the effects of alimony and property division on your taxes. The person paying spousal support can deduct the amount paid, while the person receiving it must list it as income. This does not happen with child support. We work to fairly divide assets by factoring future taxes into their values. Any investment property such as stocks that contain appreciated assets will have their gains as taxable income when they are sold.

Contact experienced Boca Raton attorneys for help with your divorce

When you are going through a divorce, you need the help of attorneys who are dedicated to getting you results. At the Law Offices of Schwartz|White, we have more than 50 years of combined experience guiding Boca Raton clients through the divorce process. For help obtaining an optimal resolution in your divorce case, call us at 561.391.9943 or contact us online.

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