A Lawyer Who Protects What Matters To You In A Divorce
At JPA Law Firm, PLLC, attorney Jesse Philippe-Auguste handles the most complex divorce cases, offering experienced, reputable and high-quality assistance to all his clients. He is dedicated to protecting his clients’ rights, interests and property throughout the entire legal process. He has worked with individuals and families in Miami-Dade, Broward, Palm Beach and Martin counties.
What Do I Need To Get A Divorce In Florida?
To obtain a Dissolution of Marriage (divorce) in Florida, you must meet certain residency and filing requirements. Florida is a “no-fault” state, meaning you do not need to prove misconduct to file. You must state that the marriage is “irretrievably broken.” Alternatively, a divorce may be granted if a spouse has been found mentally incapacitated for at least three years.
Understanding The Divorce Filing Process
Most cases start by filing a “Petition for Dissolution of Marriage.” You must formally notify your spouse through service of process. However, if you both agree, your spouse can sign an “Answer and Waiver of Service” to avoid formal delivery by a process server. If you have no minor children, agree on dividing all property and debts and both of you sign the petition, you may qualify for a Simplified Dissolution of Marriage, which offers a faster process and does not require formal service.
Regardless of whether your divorce is contested or uncontested, Florida law mandates the following:
- Financial disclosure
- Parent education course
- Parenting plan
When you and your spouse agree on every issue – such as dividing property, alimony and child support – the matter is uncontested. It can often be completed soon after the required 20-day waiting period. If disagreements continue, the court will generally order mediation before setting a date for a final trial.
Do I Have To Split My Retirement Funds With My Ex-Spouse?
Yes, in Florida, retirement funds earned during marriage are considered marital property. They are subject to equitable distribution in a divorce and will have to be divided with your ex-spouse. The division is done through a Qualified Domestic Relations Order (QDRO) to avoid tax penalties.
How Can A Divorce Impact My Children?
In Florida, a divorce can affect your children in a variety of ways, including emotional stress, anxiety, sadness or confusion due to changes in family dynamics and the home. They might experience educational difficulties, behavioral changes (such as irritability or withdrawal) and trouble adjusting to new routines or co-parenting. How parents handle conflict and communication during and after the divorce will significantly influence their children’s ability to adapt to the new situation.
Schedule Your Initial Consultation With An Experienced Divorce Lawyer
From the initial consultation, family law attorney Jesse Philippe-Auguste will help you understand your legal situation straightaway and personally. He will work directly with you to answer all your questions and keep you informed throughout the legal process. Jesse looks forward to meeting with you and helping you address any concerns you may have.
Schedule your initial consultation with JPA Law Firm, PLLC, by calling 305-990-0535 or using the online contact form. The firm serves clients in Miami-Dade, Broward, Palm Beach, and Martin counties.