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Getting a high asset divorce in Florida can be complicated

On Behalf of | Jan 4, 2016 | High Asset Divorce |

Florida is a beautiful place to live. Sunny and warm most days of the year and great atmosphere. But, like all states, no matter how lovely the weather, divorce is a fact of life for many. Of course, if there are large assets and property involved, this high asset divorce may not be as expedient as you want it to be.

You must both agree that the marriage is irretrievably broken and nothing will ever put it right again. If you are being filed on and you don’t answer the filing, the judge presiding will simply make the assumption that you agree that the marriage is irretrievably broken and grant the request.

Another route to a divorce is proving that your partner is mentally incapacitated. There is a catch here, though. The person who is being judged as mentally incapable must have been this way for three years and it must be documented. This person can be represented by a blood relative or a guardian in the divorce proceedings. This person will protect the mentally incapacitated person’s best interests. If there is no guardian, the court can appoint a guardian ad litem who will protect his or her rights. Alimony is a big issue in this type of case.

The residency requirement for filing a petition for divorce is six months before you can file at all. The first hearing is only to establish that the residency requirements have been met and to present the petition and back-up documentation.

If no minor children are involved then it gets much easier to file for divorce. The court would not be able to proceed quickly if there are children involved because their best interests must be paramount. The prospect of this is a huge change from a simple divorce.

Source: Florida Statutes, “Chapter 61,” accessed Jan. 04, 2016


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