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Ocala Divorce FAQ

  • What is a legal divorce?

    Divorce pertains to the official and legal contract that ends two individual’s marriage to each other. Divorce is typically a legal matter in which an official contract is written to separate the assets and debts of the two spouses. In addition, divorce is the legal process through which any children that were born as a result of the marriage are divided in terms of: custody, visitation, and support. States address the issue of marriage differently, but can have come similarities. Each state does have a type of "no fault" divorce law that significantly simplifies the divorce process. After the divorce is finalized each party is allowed to marry someone else.

  • What is a no-fault divorce?

    A “no-fault” divorce is offered in many states and essentially puts no blame on either party for the separation of the two spouses. In traditional divorces a single party is usually blamed for the separation, whether it is because of infidelity or abuse. This blame comes with a legal punishment in the form of less assets being distributed to the “guilty” spouse, and more being given to the “innocent” spouse. In Florida “no-fault” divorces take the form of “irretrievably broken”, meaning the marriage is beyond repair.

  • What are the requirements for filing a petition for divorce?

    Before you can file for divorce, it is necessary to be able to prove that either you or your spouse has resided in Florida for at least six months prior to the date when you file your petition for dissolution of marriage. Your petition must be filed in the circuit court of the county where either you or your spouse currently resides.

  • What is a legal separation?

    Legal separation is the legal separation involving a court order or agreement between married spouses. The agreement states that they are no longer co-habituating and all issues involving: children, property, debts, and assets have been resolved. With legal separation the spouses are still considered to be married and can NOT remarry.

  • May the provisions in a property settlement agreement be changed after the divorce?

    In most cases the property settlement agreement cannot be changed unless there is a pre-established arrangement in the settlement agreement. In addition, the settlement agreement can be annulled if a spouse can prove fraud.

  • How is property divided in a divorce?

    The family law courts in Florida apply the principle of "equitable distribution", or equal distribution, in divorce proceedings. The goal here is for each individual spouse to have a fair, if not even, amount of the couple’s assets total value.

  • Do I need to hire an attorney?

    By law it is not forced for any individual to hire an attorney in court proceedings and it is completely legal for an individual to represent themselves. However, this would be causing you more harm than good, as divorce proceedings are extremely complicated affairs that carry a lot of weight. This weight can come in the form the emotional experience in separating, or the financial splitting of ones joint assets. It is always HIGHLY recommended that any individual going through a divorce hire an attorney who can guide you through the process, work to safeguard your personal interests and provide you with compassionate support along the way. Call us at Anne E. Raduns, PA now for an initial case evaluation and to learn more about how we can help!

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