Before you take any legal steps to end your marriage, you should make sure that you have tried all possible ways to save it. Do you want professional help in working out ways to save your
marriage? Many communities and social and religious organizations offer counseling services either free or on a sliding fee scale.
Or you may wish to consult with a marriage counselor, psychologist, psychiatrist, minister, priest rabbi or other qualified person. Your attorney may also know someone who can counsel you and your spouse.
The official term for divorce in Florida is "dissolution of marriage."
Florida is one of the many states that has abolished fault as a ground for divorce. This law lessens the potential harm to the husband and wife and their children caused by the process of divorce. All that is required is that the marriage be "irretrievably broken." Either spouse can file for the dissolution of marriage.
All that has to be proved is that a marriage exists, one party has been a Florida resident for six months, and the marriage is broken. (There is another, little-used ground: incompetency of one's spouse). Fault, however, may be considered under certain circumstances in the award of alimony and determination of custody issues.
Each divorce case is unique and therefore settlements vary. Even though fault is not an issue, the division of property and possessions and responsibility for support may become contested matters.
The divorce process is highly emotional and traumatic for everyone it touches. Marriage partners often do not know their legal rights and obligations. Court clerks and judges can answer some of
your basic questions but are prohibited from giving legal advice.
Only your lawyer is allowed to do that. Court procedures must be strictly followed or you may lose certain rights forever. It is recommended that you obtain the services of an attorney concerning legal questions, your rights in a divorce, your children's rights, your property rights, your responsibilities resulting from the marriage or tax consequences.
A knowledgeable lawyer can analyze your unique situation, and can help you to make decisions in the best interest of you and your family.