How to Divorce in Miami

Florida law usually divides all the assets acquired during marriage equally.

Filing for divorce can be a stressful and an emotional task. States have different laws relating to divorce. The following are the steps residents of Miami should follow in order to file for a divorce.

Instructions

1. Meet the requirement of being a resident of state of Florida for at least six months before filing a petition for divorce in Miami. The residency can be proved by presenting a valid driving license, state identification card, or voter registration card.

2. Provide at least one reason for your divorce. For example, irreconcilable differences, or the marriage is irretrievably broken, as this is an important prerequisite for filing divorce in Miami.

3. Submit a petition for simplified dissolution of marriage in the family law department of a nearby civil court. After the document is submitted, the other spouse will receive the necessary paperwork and will be given opportunity for a response. A judge can finalize the divorce if the other spouse agrees. However, if he or she disagrees, a minor is involved, or there are property issues to solve, then the judge will set a date for a hearing. The judge may also advise counseling sessions for both spouses depending on the circumstances of each case.

4. File a regular dissolution instead of a simplified one if children are involved, and there are other disagreements about property and financial support. This includes property issues, child custody and alimony.

5. Organize all of your property documents and relevant information as it will be needed if there is disagreement on assets between you and your spouse. Florida state law usually divides all the assets acquired during the marriage equally between both spouses, however, whatever you owned before marriage will remain with you.

6. Decide on child custody. If there is disagreement on the custody of children, then the judge will decide regarding child custody by considering factors such as parent's health, and capability of providing basic necessities.

7. Decide on alimony. The divorce court can also order a spouse to pay alimony based on the same factors as in the child custody decision.

8. Retain the copies of all the paperwork involved in the process for future reference, and appear for the hearing, and possibly a decision by the judge.

References

• The Basics of Miami Divorce Law - Attorneys.com
• Filing For Divorce in Miami-Dade County | Divorce Filing Miami-Dade County