Deciding to end a marriage is a complex and emotional decision. For some couples, there may be disputes over things like child support and property division while others may come to an amicable agreement. Even if you and your soon to be ex are willing to work together, there is still much work to be done.
You should never try to represent yourself during a divorce. There is too much room for error. Plus, one simple mistake and you may have to deal with additional litigation that could end up costing you thousands. If you are planning to file for divorce, you should contact an attorney.
Brooksville, FL Divorce Attorney
Divorce is difficult. A relationship you thought would last forever is coming to an end and you are now left to deal with complicated issues. Ashley Aulls understands how complicated this can be, that is why he wants to help.
Aulls knows every divorce is different. But no matter how you decide to proceed, he vows to be with you every step of the way. To schedule a consultation with Ashley M. Aulls, P.A., call (352) 593-4115 or submit your information in the online contact form. Aulls represents clients in divorce proceedings in communities across Hernando County, Citrus County and Sumter County.
- What is an Uncontested Divorce?
- Contested Divorce in Florida
- How is Property Divided in a Florida Divorce?
- Additional Resources
Before you can go through a divorce in Florida, a few things must be proven. For starters, it must be proven both parties are married, and at least one has lived in Florida for six months before filing. There must also be a showing that the marriage is irretrievably broken. A marriage is considered irretrievably broken when there is nothing either spouse or the court can do to fix it.
Once all this has been proven, you and your spouse can file for divorce. The divorce process you go through will depend on whether children and property division will be involved or if both spouses agree to the dissolution.
Simplified dissolution, sometimes called an uncontested divorce, requires both spouses to agree on the divorce. Other requirements that must be met to be eligible for a simplified divorce include the following:
- There are no minor children from the marriage
- Neither spouse is pregnant at the time of filing
- Neither spouse is seeking alimony
- You and your spouse have worked out how property will be divided
If you and your spouse decide to dissolve a marriage through a simplified divorce, you give up your right to a trial and an appeal. By going through this process, you are also accepting that you will lose any property if your spouse does not follow through with the property agreement.
It’s common for divorcing couples to not agree on how property should be divided or how child custody issues should be resolved. When this happens, a couple will need to file for a contested divorce. A contested divorce is the most complicated of divorces because it involves disputing couples.
The proceedings for a contested divorce take much longer than an uncontested divorce. You will be required to serve the divorce petition, attend trials for motions and hearings and try to settle issues with your soon to be ex and their legal team. If you are unable to agree with the opposing party and their legal team, your case may have to be taken to divorce court where a judge will be left to decide.
Division of property is one of the most stressful aspects of a divorce. There are two forms of property during a divorce: marital and non-marital. The only property divided between the spouses is marital property. According to section 61.075 of the Florida Statutes, marital property is any property that was purchased or acquired during the marriage.
It doesn’t matter if one or both spouses obtained the property or asset, it will still be considered marital property. This also includes gifts between spouses. For example, a wife buys her husband a boat for his birthday with the title in her name and with her own money. Even though the boat is in the wife’s name and she paid for it, it’s still considered marital property since she gave it to her husband as a gift. It’s a common misconception a spouse can claim the asset if it’s in their name. This is not true for a Florida divorce
A judge will consider a number of factors when deciding how to divide marital property. These factors include the following:
- Each spouse’s contribution to the marriage
- Economic circumstances of both spouses
- The interruption of career or education opportunities of each spouse
- The contribution of one spouse to the career or education opportunities of the other
- A spouse’s desire to retain an asset
- The contribution of each spouse to both marital and non-marital assets
- Liabilities incurred by either spouse and if they affect the marital and non- marital assets
- The best interest of a child when determining who receives the family home
Non-marital property is not included in a marital estate and is therefore not subject to division by the court. This type of property includes:
- Assets acquired before a marriage
- Non-interspousal gifts or inheritance
- Income from a non-marital asset
- All property excluded from a valid prenuptial or postnuptial agreement
Equitable Distribution of Marital Assets | Florida Statutes- Follow this link to read the full text of the chapter that governs property division in Florida. You can read the precise legal definition of marital and non-marital assets and gain access to other divorce laws. The code can be read on Online Sunshine, the official website of the Florida Legislature.
Dissolution of Marriage | Florida Statutes- Visit the official website of the Florida Legislature to read the section of the Florida Statutes that govern divorce. You can find out what the court may impose for divorces involving minor children and when a petition for divorce would be denied.
Hernando County, FL Divorce Lawyer
The first step you should take in a divorce is to contact a proven divorce attorney. Divorce proceedings are too complicated and stressful to be dealt with on your own. Ashely Aulls will take the time to listen to your story and formulate a plan with a favorable solution.
If you would like to schedule a time to speak with Ashley Aulls call (352) 593-4115 or submit your information in the online contact form. Ashley M. Aulls, P.A. assists clients with family law issues in areas such as Brooksville, Spring Hill, Shady Hills and many others.