Divorce & Dissolution of Marriage in South Florida

Divorce (Dissolution of Marriage)

No one enters a marriage expecting it to end in divorce, however if that day comes, it’s important to be prepared. In Florida, which is a no-fault state, the court may grant a dissolution of marriage when there are no minor children and the responding party does not dispute that the marriage is irretrievably broken. This means no one has to prove wrongdoing such as infidelity or abuse to end the marriage. In a simple divorce, if the court determines that the marriage cannot be repaired, it will issue a judgment of dissolution. In a more complicated scenario, additional steps may need to be taken, such as scheduling Hearings, and this is where it is important to have an attorney like Melissa Waldinger by your side who has been to Hearings, in order to discuss important details. 

Property Distribution (Equitable Distribution)

In Florida, marital property is divided under the principle of equitable distribution. This means that the Court often starts with the assumption that assets and debts should be split equally between the spouses. However, if there is a valid reason based on specific statutory factors, the Court may determine that an unequal distribution is fair and adjust the division accordingly.

At the Law Offices of Melissa Waldinger, we can help you decide what the right option is for your Property Division.

Alimony

In proceeding for Dissolution of Marriage, the Court may grant alimony, also known as Spousal Support to either party. Florida’s alimony framework provides Courts with flexibility to award different types of support based upon the individual and unique circumstances of each case. In 2023, Florida Law abolished Permanent Alimony and established presumptions that a Court can consider, with a number of years for short-term marriages, moderate-term marriages, and long-term marriages. This now gives parties a framework and an easier way to understand and figuring out the number of years of alimony/spousal support that they may be awarded should their case go to Court.