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No divorce is easy.
Your confidence in us matters.
No Two Florida Divorce
Cases Are Alike.
Therefore, it is essential to speak with a divorce lawyer who will listen to your story and devise a solution based on your unique needs.
As a full-service law firm, The Gufford Law Firm, P.A., offers comprehensive support to divorce clients in Florida’s Treasure Coast region.
Before you file for divorce, meeting with an attorney is a vital step.
Though it is possible to file without help from a divorce attorney, many people who choose this route make critical mistakes, causing problems that are costly and irresolvable without a lawyer’s help. Our divorce lawyer can help you avoid mistakes by thoroughly examining all of the relevant facts of your case. This approach helps us find a solution that will serve your needs and keep costs controlled. Visit our family law FAQ section for detailed information about all aspects of the divorce process.
What Are The Grounds For Divorce In Florida?
In Florida, ending a marriage, known as dissolution of marriage, follows a no-fault divorce system. This means you do not need to prove wrongdoing to file for divorce. The primary ground is that the marriage is irretrievably broken, meaning the relationship cannot be repaired. Alternatively, you may file if a court has declared your spouse mentally incapacitated.
To file for divorce in Florida, at least one spouse must have lived in the state for six months or more. This residency rule applies to all divorce cases, and proof, such as a driver’s license or voter registration, is required. Florida law does not recognize legal separation, so meeting the residency requirement is critical.
Navigating these grounds can be tricky without guidance, as specific legal requirements must be met. Our Stuart divorce attorneys carefully review your situation to confirm eligibility and guide you toward a smooth process.
What Does The Divorce Process Look Like In Florida?
Florida courts offer two distinct paths for filing divorce. The “regular dissolution of marriage” is the standard process used in most cases. This method fully examines all marital issues, including property division, alimony and child-related matters. The second option, “simplified dissolution of marriage,” is available for couples who meet specific criteria and agree on all divorce terms.
The simplified process requires both spouses to agree on the following:
- They have no minor children together
- There are no pending adoption proceedings
- The wife is not pregnant
- They have reached agreements on property division and debt allocation
- Neither party seeks alimony, and both parties are willing to waive their rights to trial and appeal
Choosing the right path can be confusing, and filing mistakes can lead to costly setbacks. Our divorce attorney team in Stuart guides you through each step, helping ensure the process aligns with your needs and goals.
Restoring Your Former Name
If you wish to return to your previous name after a divorce, Florida law allows this as part of the final judgment of dissolution of marriage. You must request this in your initial divorce petition or a counter-petition. The court can only restore the name you used immediately before the marriage; choosing a different name requires additional legal steps. Our team helps ensure that restoring your former name is properly considered, handling all paperwork to make the transition seamless.
Divorce Attorneys Serving The Treasure Coast
Our Stuart divorce lawyers assist with a broad range of divorce and family law matters, including:
Whether we negotiate a divorce settlement or take your divorce case to trial, we will do everything in our power to achieve the most favorable outcome.
At The Gufford Law Firm, P.A., there are always “two sets of eyes” looking at everything that goes on in any particular divorce case.
A Team Approach To Florida Divorce Cases
At The Gufford Law Firm, P.A., we value teamwork in the divorce process – not just from our attorney but also from our staff. When we take a divorce case to trial, we bring staff members for support so that our divorce attorney can focus on the presentation to the judge. We believe that our commitment to teamwork facilitates our ability to provide a polished, effective divorce presentation that can result in a favorable settlement or decision. However, we emphasize that the most important member of our team is our client. In each and every case, you will not only have a divorce lawyer who is representing your interests but also a seasoned paralegal to assist you throughout your divorce.
Having those two sets of eyes looking at everything prevents mistakes from occurring. This is crucial when it comes to something as important as your divorce. Because we have a team approach in the way we handle divorces, if someone has a good idea, that idea is considered, debated and then acted upon once we have cleared it with the client. Understanding the legal process and potential outcomes of your divorce is crucial. To that end, we ensure that we are accessible to our clients by providing clear answers to their questions about dissolution of marriage, asset division, spousal maintenance and any other divorce concerns. Some of our divorce team members provide 24/7 cellphone access to their clients so that the client can call at any time, regardless of the day or hour of the night.
Divorce
An inexperienced divorce lawyer may make crucial mistakes that lead to delays, disputes and increased costs in the long run. At The Gufford Law Firm, P.A., our divorce attorney and staff have 50 years of combined legal experience and a breadth of knowledge in Florida divorce law and family law. We will serve you with compassion while taking proactive, aggressive steps to achieve your family law goals.
Whether you are facing a divorce, child custody battle or adoption,
Getting it right is essential.
As a Full-Service
Law Firm,
we provide assistance with a broad range of matters related to divorce and family law, such as:
- Prenuptial agreements and postnups
- Stepparent adoptions and other private adoptions
- Child custody and support
- Domestic violence, repeat violence, sexual violence and dating violence injunctions
Common Questions About Florida Divorce
Once a court issues a child support order, can the amount of support that is paid be changed?
Yes, a court can modify the amount of child support if one or both parents have significant changes in their life circumstances. This could include:
- Increase or decrease in income
- Change in employment status
- Change in insurance coverage
- Change in the needs of the child
Either parent can request a modification by filing a petition with the court, which will review the circumstances and decide if an adjustment is justified.
How does a court decide if a parent may relocate with a child?
A court considers several factors when deciding if a parent can relocate with a child, focusing primarily on the child’s best interests. Factors for a relocation can be:
- The impact on the child’s relationship with the other parent
- How the move will affect the child’s education and social life
- Employment opportunities for the parent
The court also evaluates whether the move will improve the quality of life for the child and the relocating parent.
How is child support collected if the person responsible for paying moves to another state?
The Uniform Interstate Family Support Act (UIFSA) allows parents to collect child support across state lines. This law allows states to work together to enforce child support orders. The receiving parent can request assistance from their state’s child support enforcement agency, which will coordinate with the agency in the state where the paying parent resides to ensure the collection and distribution of payments.
Can I ask the court to terminate my alimony if my ex lives with someone else who supports them?
Yes, you can petition the court to modify or terminate alimony if your ex is cohabitating with someone who provides financial support. The court will evaluate the extent of the financial support and the nature of the relationship. If it is determined that the support significantly reduces your ex’s financial need, the court may adjust or end the alimony obligation.
What terms should be included in a separation agreement?
A separation agreement should include terms that address:
- Property division
- Spousal support
- Child custody and visitation
- Child support
- Any debts or liabilities
It may also cover health insurance, retirement benefits and any other relevant financial arrangements.
What are parents’ obligations to their children?
Parents have the obligation to provide for their children’s basic needs, including food, shelter, clothing, education and health care. They must also ensure the child’s safety and emotional well-being. Parents have the expectation to make decisions in the best interests of the child and support their development. Legal obligations can vary by jurisdiction but generally include financial support and involvement in the child’s life.