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Divorce & Separation

Melbourne Divorce Attorneys Explain Divorce and Separation in Florida

What you need to know about dissolution of marriage in Brevard County

Tucker Mitnik P.A. helps clients dissolve their marriages while protecting the things that matter most: their relationships with their children and the assets necessary for a secure future. If you are considering a divorce in Florida, you should understand the law and the process. Our firm works closely and supportively with you to give you all the information you need to make informed choices about your goals for life after divorce. Then we take decisive and strategic steps to secure those goals. While no attorney can guarantee specific results, we can promise to treat you with sensitivity and respect, and to give you the full benefit of our 30 years of experience in family law litigation.

Does Florida law provide for legal separation?

Unlike other states, Florida does not have a specific category of legal separation. However, if two spouses are taking time apart, or one has abandoned the other, a dependent spouse may file a Petition for Support Disconnected with Dissolution of Marriage. The court will adjudicate such matters as spousal support, child support and child custody.

What is the process for getting a divorce in Florida?

Florida has done away with grounds in divorce, so rather than prove fault, a party must only prove that the marriage is “irretrievably broken.” Your attorney can explain what type of evidence the court accepts as proof. Either spouse may file for divorce if:

  • The marriage is valid.
  • The spouse in the county where the divorce is filed has been a Florida resident for six months.

There are two methods of divorce available in Florida:

  • Regular dissolution of marriage — The traditional approach to divorce is for one spouse to file a petition and the other spouse to file an answer within 20 days. The two file financial affidavits and child support worksheets within 45 days. The parties attempt to negotiate and/or mediate issues. Parties who come to agreement on all issues submit a settlement to the court for approval for an uncontested divorce. Parties who agree on none or only some of the ancillary issues must litigate points of contention at trial in a contested divorce.
  • Simplified dissolution of marriage — The parties may use this procedure if they have no minor or dependent children, the wife is not pregnant, they have reached agreement about all their assets and debts, and neither wants alimony. This saves time and money, but it limits the ability to obtain documents from the other or to examine a spouse as a witness. A collaborative process can also be used for a simplified or uncontested divorce.

Is there any reason to allege grounds in a Florida divorce?

A spouse may allege grounds to influence the court regarding issues such as alimony, property division and child custody. However, unsupported allegations may backfire on the accuser, so the decision to introduce grounds should only be made after conferring with an experienced divorce litigator.

Contact Tucker Mitnik P.A. for full-service divorce representation in Melbourne, FL

Tucker Mitnik P.A. provides excellent legal services and close, personal support during your Florida divorce. To schedule a consultation, call 321-392-5239 or contact our Melbourne office online.

Our Office
  • Melbourne Office
    5425 Village Drive
    Suite 105
    Melbourne, Florida 32955
    Phone: 321-392-5239
    Fax: 321-735-8958