The Law of Marriage and Divorce Explained

Marriage Laws

Before you can say "I do," there are certain legal requirements you must meet. Most states require both individuals to be of legal age, typically 18 years old. You'll also need to obtain a marriage license and have the marriage officially registered.

Once married, couples gain certain rights and responsibilities. These include the right to jointly own property and shared parental rights over any children born during the marriage.

Grounds for Divorce

If a marriage breaks down, divorce may be an option. In many states, you can file for a "no-fault" divorce, meaning you don't have to prove wrongdoing by either spouse. You simply need to demonstrate that the marriage has irretrievably broken down.

Alternatively, some states still allow for "fault-based" divorces, where you must show that your spouse engaged in a form of misconduct.

The Divorce Process

To initiate a divorce, you'll need to file paperwork with the court and meet residency requirements in your state. The court will likely issue temporary orders regarding child custody, support, and other matters while the divorce is pending.

During the divorce proceedings, both spouses will engage in a process called "discovery," where they exchange financial and other relevant information. 

Settlement negotiations may follow, attempting to resolve issues like asset division, child custody, and spousal support without going to trial.

Divorce Settlements

One of the most significant aspects of divorce law in Florida is the division of assets and debts accumulated during the marriage. 

Most states follow the principle of "equitable distribution," which aims for a fair (but not necessarily equal) split of marital property.

Child custody is another critical issue. The court will determine legal custody (the right to make important decisions for the child) and physical custody (where the child will live primarily). Child support payments will also be calculated based on factors like each parent's income and the child's needs.

There are also instances where one spouse may be entitled to receive spousal support (alimony) from the other. Spousal support can either be temporary or permanent depending on the circumstances. 

The type and amount of support depend on factors such as each spouse's financial situation and the length of the marriage.

Post-Divorce Issues

Even after a divorce is finalized, certain issues may arise that require legal action. For example, if circumstances change significantly, you may need to modify child support, custody, or other orders through the court.

Enforcement of court orders is also a common post-divorce issue. If your ex-spouse fails to pay child support or follow custody arrangements, you may need to take legal steps to ensure compliance.

Bottom Line

While divorce can be a difficult, understanding the applicable laws can help make it smoother. It's always advisable to seek legal counsel from a family law attorney. An experienced attorney will protect your rights throughout the marriage and divorce process.