Divorce Law in West Palm Beach and Boca Raton, FL
Divorce is never easy. Traditionally the division of a family is not only complicated but can be fueled by vicious emotions. Even when the initial separation and divorce appears to be uncontested many marital issues will likely arise during the divorce action. Issues such as division of marital assets, alimony, child support, visitation/time sharing are just some of the issues couples may face going through a divorce proceeding. It is important to realize that you do not have to face a divorce alone and that there is help out there. The Law Offices of Peter E. Perettine provides guidance and experienced legal advice during troubled times.
Filing Divorce in West Palm Beach and Boca Raton, FL
Florida, like all states, employs certain guidelines in order for a divorce to be initiated. To initiate divorce in Florida, one of the parties to the marriage must be a resident of the State of Florida for at least six months immediately prior to the filing of a petition for dissolution of marriage; and the petition for dissolution of marriage must be filed in the county where at least one of the parties resides. The petition for dissolution of marriage is filed in circuit court and the non-filing spouse is served with a copy of the summons and petition.
Once the spouse is served the respondent spouse is required to file an answer and/or counter petition within 20 days of being served. Failure to file a response within 20 days may result in the filing spouse, i.e. petitioner, filing a motion for default. In the rare instances where the non-filing spouse cannot be served with the petition it may be possible to obtain jurisdiction by having service completed through publication. Publication requires several actions be taken by the filing spouse in order for it to be considered proper service. It is helpful to employ experienced family law counsel who may aid you in the initial filing of a divorce and throughout the entire proceedings.
Grounds for Divorce in Florida
In Florida, a party seeking a dissolution of marriage must allege that the marriage is irretrievably broken. The grounds for a marriage to be irretrievably broken include, but are not limited to, desertion, adultery, mental incompatibility, or other irreconcilable differences. In rare cases the court may order the couple to seek a marriage counselor to see if the marriage can be saved. In any divorce proceeding in Florida the court will attempt to equitably divide all assets and liabilities.
It may be necessary to obtain property evaluations and other evaluations involving financial matters, child custody, and time-sharing. The court will make a determination on financial issues based upon the length of the marriage, the respective earning capacity of the parties, whether a particular asset is considered a pre-marital asset or a marital asset, and whether marital funds were used to enhance the value of an otherwise pre-marital asset. If the parties have minor children, the court will make a determination on time-sharing and child support based upon the age of the children, the respective earning capacity of each spouse and the well-being of the minor children.
The Law Offices of Peter Perettine in Boca Raton Florida serves clients in Palm Beach and Boca Raton, FL
When it is determined that a marriage cannot be saved and it is the best option for both parties to pursue a divorce, Florida attempts to treat both husband and wife equally in a fair and impartial manner. If you are in a situation where you are considering initiating a divorce call the Law Offices of Peter E. Perettine for an immediate free telephone consultation and if necessary an in-office consultation so that all your options may be fully explained before the proceedings even begin.