Hi all,
does anybody know about what the law dictates in Florida in relation to separation and D?
Does one have to file for legal separation or is it sufficient to live apart for a while and that counts as separation?
What about D? How long does it take?
If any of you have any info I would be most grateful. I live in Europe and both WH and me are now residents in Europe.
Blessing
Hey, atena!
I just went through the process in Florida, but am by no means an expert.
As you probably know, Florida is a no-fault state and adultery doesn't play much of a role in the settlement. It may sway the judge a little in deciding alimony, but other things like custody and division of marital assets has no bearing. One thing, if you can show that your WH spent a lot of the marital assets financing the affair, then you can recoup them in the division of assets.
There is no "legal separation" in Florida. If you are separated and need a legal agreement on child support or custody while leading up to trial, then you go before a judge and ask for temporary orders. Be careful here, these temporary orders set a precedent that heavily influences the final settlement.
So basically the process is like this, one of the spouses files a petition for dissolution of marriage, then the other has like 30 days to respond with a counter-petition. From there, each of you files a financial affidavit that discloses all income, assets, and debts. If temporary orders are needed, then this would be the time you go before a judge.
Next, the state requires at least one mediation session before it will grant a court date. My WW and I came to an agreement at the first mediation, but that's pretty much what we both wanted, anyway.
If mediation doesn't work, then you set a court date and do it the hard way.
It probably varies as to which county you file in, but the process is very quick in Florida. There is no mandatory separation or waiting period.
For me, we filed around the first of June, had our mediation on the first of August, and filed the final settlement before a judge a couple weeks later. So, only two and a half months from start to finish. The settlement agreement was typed up and signed by all parties at mediation, so it was enforceable from that day forward.
Of course, if you go to trial and things are heavily contested, it will drag out much longer.
thank you schtoop.
I guess I have the right to alimony and all but I am not sure how to proceed. I will have to have the alimony taken from his paycheck from here (Europe) and I am not sure if a US judge has juristiction on that since we live abroad...our son is in college, but still, he needs to provide for him...
blessing
I'm confused...how can you file in FL when you live in Europe? If your son is not a minor, WH is not obligated to provide for him unless he agrees to pay some sort of support.
I married in FL and both me and WH are US citizens residing abroad
OK, so he is not obligated for my son who is 20.
What about me? I do work so I might be entitled to nothing as well...!?
blessing
As far as I know, it does not matter where you were married and you have to be a resident of state for a given period of time in order to file in said state. You are not a resident of FL. Other than military personnel having certain residency rights (not sure if divorce is one of them), you have to live in the US. I could be wrong, but I have never heard of a divorce process like this. Alimony and the division of assets will depend on what the laws are in the state that you divorce in...they vary greatly.
I think you should speak to a D attorney in the country/county that you currently reside in. If you have no plans to return to the US, I don't see how you can file and even if you could, how a US D decree would carry any weight/authority if WH lives abroad and has no assets in the US. Speak to an attorney.
Sorry, black_raven is correct. Somehow I read over the part where you are residents of Europe now.
The requirement for filing for divorce in Florida is that one of the partners had to be a resident of the state for the last six months. Doesn't matter where you were married.
I am calling an attorney tonight and will explain to him my situation/
I did in fact hear that residency in the state of FL is necessary and I think it is 6 months.
Our M is also registered in this country as i am a dual national of the US and of this country.
Laws here are strict in terms of D: 3 years of legal separation and then the D. In total it could take up to 4 years for the D to be final. I will know more tonight when I talk to the attorney.
thank you for all your help!
blessing
You have to be a resident of Florida for 6 months or if you are military and your residency is Florida to get a divorce in FLorida. If you want a quick divorce and can agree to the seperation of assets then you can get a simple dissolution of marriage in a month but no alimony. Actually it can take only 21 days from the day you file at the earliest.