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4 Myths and Misconceptions About Florida Divorce

| Sep 20, 2019 | Family Law

Those who have never been a part of a divorce before often make assumptions that simply aren’t true. Even those who are embarking on a divorce often have unfounded expectations for the divorce proceedings. In this blog post, we’re busting four of the biggest myths surrounding divorce in Florida.

1) If my spouse wronged me in a major way, I’ll get all of our shared assets.

You may feel that if your spouse hurt you in a major way (by having an extramarital affair, for example), you’re owed a greater share of the properties and other assets you owned as a couple. This is not necessarily true since Florida is a no-fault divorce state. However, you may be able to get a greater share of the assets if, for example, you are able to prove that your spouse depleted the marital assets by having an extramarital affair. Otherwise, you will both walk away with an equal distribution of your assets and liabilities.

2) Divorce proceedings favor women.

Many people believe that divorce proceedings favor women, especially when children are involved. Sometimes men assume that they won’t have a chance to be a part of their children’s lives after a divorce, so they don’t even try. The state of Florida respects a father’s parental rights just as much as a mother’s.

When it comes to custody, child support, and related matters, courts must determine what will be in the best interest of the child. As gender roles become less and less defined, it becomes more and more likely that it might be in the child’s best interest for the father to win custody.

You certainly shouldn’t let this common misconception cause you to give up before you even try.

3) You cannot get divorced in Florida if you have a common-law marriage.

This is not the case! While you cannot begin a common law marriage in Florida, you can end one. Florida abolished common law marriage in 1968. They do still recognize common law marriages that were formed in Florida before that year. They also recognize common law marriages that have been formed more recently in any of the nine states where common law marriage is recognized. If you are in a common-law marriage, you and your spouse move from one of these states to Florida, and then you decide you want a divorce, you will be able to get a divorce here in Florida.

4) I can handle my divorce without a lawyer.

No! A do-it-yourself divorce can be extremely damaging to both your financial and your emotional interests. A divorce is a significant undertaking that will impact your future in a major way. You need someone with negotiating experience and legal knowledge to help you navigate the process. There is simply too much at stake to risk doing it on your own.

What should I do if I am contemplating divorce?

If you are contemplating divorce, you should contact a family lawyer as soon as possible. Having an attorney by your side is the best way to protect your best interests as you take this journey. Rotella & Hernandez can help. Give us a call at 305-596-3618 to learn more about what we can do for you.