Many people do not know what to expect during a divorce, but there are some very important terms divorcing couples should know.
During any divorce, there are going to be some very important terms involved in the process. Knowing what these terms are and how they are going to affect the divorce can help those going through it understand what to expect so they can prepare for it. Below are the most common divorce terms in 2020, and the Florida laws that pertain to them.
Some states are at-fault divorce states, which means that one spouse must prove the other was at fault for the breakdown of the relationship. This is not true in Florida, which is a no-fault divorce state. In Florida, one spouse must only state that the two spouses have irreconcilable differences and that there is no chance for reconciliation.
Not all divorces involve a long and bitter courtroom battle. Some couples may go through mediation. Mediation is a process in which the two spouses meet with a neutral third-party mediator who attempts to bring the spouses to a mutual agreement. If the spouses can agree, the mediator will file the agreement with the court so a judge can finalize a divorce. If the spouses cannot agree, the case will go to trial. Some couples choose mediation on their own while others are ordered by the court to attempt mediation before a trial.
During a divorce, the court will divide marital assets and debts. Marital property is that which the couple acquired together during the marriage. Gifts and inheritances are not considered marital property, even if one spouse received these during the marriage. Florida is an equitable distribution state, which means that a judge will divide assets and debts fairly, although not necessarily equally.
Perhaps the most contentious term of any divorce, a couple may still agree to a parenting plan on their own. If they are unable to, a judge will make the final decision on child custody. When determining which parent to award primary custody to, a judge will consider what is in the child’s best interests, as well as the capability of each parent to raise the child.
In Florida, as in all other states, both parents are responsible for providing financial support for their child. After determining child custody, a judge will usually order the non-custodial parent to pay child support to the other parent. This is a final court order and if child support is not paid, there are many serious penalties a parent may face.
Our Florida Family Lawyer can Help with All Terms of Your Divorce
There are many different terms you will come across if you are getting a divorce. At The Law Offices of Robert Stepniak, our Daytona Beach family lawyer can help with all of them. If you are considering divorce, or the process has already started, call 386-253-4750 today to get the sound legal advice you need. Attorney Robert Stepniak will fully explain the process so you know what to expect and will protect your rights to ensure you receive the fair settlement you deserve.