Florida divorce process myths

On Behalf of | Jul 1, 2021 | Divorce

Many people in Florida have misconceptions about divorce and what might occur when they file petitions. Understanding the myths surrounding this matter might help you to know what to expect when you want to end your marriage.

Myths about divorce requirements

There are several common myths about divorce requirements in Florida. Some people believe that they must get a legal separation before they can file for divorce. However, there is no requirement for people to separate before they file for divorce as long as they meet the state’s residency requirement before filing the petition. Others believe they must prove fault or won’t be able to get divorced if their spouses do not consent. However, Florida does not require people to plead fault grounds to secure divorces and allows people to file for divorce on a no-fault basis. It also does not matter whether or not the other spouse agrees to the divorce.

Myths about property division and support

People also hold several misconceptions about property division and support. While they might think that a divorce lawyer will be able to punish the other spouse for poor behavior by cleaning them out, property division in divorce cases does not work that way. Instead, all of the marital assets will be equitably divided between the spouses in a fair manner. If the spouses can reach an agreement for how the assets should be divided, judges will generally follow it as long as it is conscionable and fair to both parties. Some people believe that they can agree to have no child support ordered, but child support is determined by the court using state guidelines in the child’s best interests instead of those of the parents. Finally, some people believe that they can keep the property by hiding it from their spouses during the divorce. However, lying about your assets to the court could result in substantial penalties and potential criminal liability.