Ending A Marriage - How To Make The Decision

If you’ve already started thinking about ending your marriage, there are obviously troubling issues between you and your spouse. Thoughts of leaving your husband or wife don’t come up unless something serious is going on in the marriage. People contemplate ending a marriage for many reasons. It may have been the occurrence of a singular catastrophic incident, chronic behavior or a slow burning dissatisfaction with life as a married person.

Everybody Deserves To Be Happy

You deserve to be happy, as does your spouse. No matter what else may be true about your or your spouse, or about your marriage, happiness is supposed to be part of the equation. For better or for worse was never meant to mean a long, tortuous life chained to someone who almost makes you feel like life isn’t worth living. Consider how short your life is and how big the world is. The world is filled with opportunities and chances to be happy. You shouldn’t have to pay the price of your own happiness just to avoid ending a marriage.

Could Things Get Better?

As a loyal spouse, you may be torn between divorce and staying in the marriage because things may get better. It’s important to be very honest with yourself about this. Theoretically, any marriage can get better. In reality, many marriages don’t. Some rifts between spouses are just too painful to heal. Other times, inherent differences between people make it impossible to have a peaceful coexistence. And people change over time. You might feel like you’re married to a stranger at this point. One sign of a possible improvement in the marriage include your spouse initiating meaningful conversations with you about the marital issues. Another is a willingness by both partners to go to marriage counseling. If things are looking hopeful, you might delay your final decision. Just make sure you aren’t delaying it because you’re afraid to ever make a choice.

What Will People Think?

The anticipated reactions of other people can convolute your decision-making process. If you have a close relationship with your in-laws, you may be embarrassed or afraid of what a divorce will do to that relationship. You might feel like you’ll lose friends, or that your neighbors will look down on you. The thing is, those people aren’t living your life. They don’t know what you have to put up with on a daily basis. Just as you don’t know the intimacies of anyone else’s marriage, no one else knows the intimacies of your marriage. When deciding on whether to end a marriage, it really doesn’t matter what other people think. It only matters what you think and feel.

Consider the Alternative

Speculate on what would happen if you decide to stay in a dead end marriage despite being unhappy, being treated poorly or suffering abuse. A dead end marriage won’t lead to anything positive in the future. If nothing improves then things may not even stay the same; they may get worse. You will have lived your life in a dead end marriage for what? To please others, or to please some false idea of who you think others want you to be?

Ending a marriage isn’t easy. It’s not “the easy way out.” It’s the smart way out if you’ve given careful consideration to the divorce from all angles. Ending a marriage means you’ll have to forge ahead on your own. That can be a scary thought after years of marriage. Look at it this way. You were alone before and you made it alright. If you need to, you can do it again.

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Florida Divorce Law

Like all the other states in the country, Florida has its own set of divorce laws. When a married couple has decided their relationship is no longer worth salvaging, divorce may be the only option they consider. The general requirements for getting a divorce according to Florida divorce law are essentially the same as for other states. At least one member of the married couple must be a legal resident of the state for at least six months before the couple decides to file for divorce. The party who files must also visit their local circuit court and get a form for Petition for Dissolution of Marriage. The form must come from the court in the county in which the person lives. It is also required that the spouse be made aware of the petition as they have 20 days to file a response to the petition.

If the other spouse doesn’t respond within the 20 days, the person filing for the divorce can file a motion for default. To do this, Florida divorce law requires the individual to the clerk of court and file out certain forms, as well as set a final hearing. The person filing must also notify their spouse of the hearing with a Notice of Hearing. The next step is that the respondent can either agree or disagree and file a notice for trial. When this occurs, it is considered a contested divorce. With a contested divorce, it’s wise to retain a skilled divorce attorney. If the spouse agrees with the divorce, it is an uncontested divorce and the hearing can proceed as long as all pertinent forms are filed.

Marriage Presumptions in Florida

According to Florida divorce law, two people are considered legally married when they have had a ceremony and live together with the belief that they are married.

What are the Terms of Divorce in Florida?

If a person is filing for divorce, there are certain things to consider, which makes it extremely important to know what they want to gain from the divorce. One of these things is whether the wife will keep her married name or go back to her maiden name after the divorce is final. Whatever the aspects, it’s important to acknowledge what’s most important to each party and to properly proceed when filing the Petition for Dissolution of Marriage. However, even if both parties agree to all of the conditions of the divorce, they should file a Marital Settlement Agreement for Dissolution of Marriage. If the marriage produced children, they should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children, which can ensure that the divorce proceedings go smoothly.

In general, there are two specific grounds for divorce according to Florida divorce law. They include the following:

• The marriage is irretrievably broken and cannot be saved
• One of the spouses has been mentally incapacitated for over three years

How a Married Couple Can Qualify for Simplified Dissolution

In the state of Florida, a couple can qualify for a sampled dissolution of marriage as long as certain requirements are met. They include the following:

• The two spouses mutually agree that the marriage is irretrievably broken and cannot be salvaged
• Both spouses agree to give up their rights to a trial or appeal
• Both spouses will go to the clerk of court’s office and sign the petition
• The wife is not pregnant and there are no children or dependents in the marriage
• Neither spouse is requesting alimony
• The spouses have agreed on how to divide their property and debts
• Neither spouse is requesting financial information other than court-approved financial documents
• Both spouses will attend the final hearing

Once the two parties file and submit all the pertinent documents to the clerk of court, they will get the date and time for their court appearance. If both parties appear at the hearing and all the paperwork is in order, the judge can then hand down the final judgment for dissolution of the marriage. The divorce is officially final after the judge signs a Final Judgment of Simplified Dissolution of Marriage.

It’s important to note that both spouses are required to appear together before the judge at the hearing. If all the paperwork is in order, the judge can grant the final judgment to dissolve the marriage as a simplified dissolution of marriage by signing the Final Judgment of Simplified Dissolution of Marriage. This document is required to be provided by the soon-to-be-former couple.

Division of Property in Florida Divorces

Florida is an equitable distribution state, which means that all the property amassed throughout the course of the marriage is divided in an equal and fair manner. Additionally, per Florida divorce law, other things are considered as well, including alimony awards, child support and other responsibilities each party had throughout the marriage. Generally, per Florida divorce law, the court considers certain factors when determining property division during a divorce, including the following:

• Length of the marriage
• The economic circumstances of each party
• The contributions of each spouse during the marriage, including child care, education and more
• A spouse’s wishes to retain an asset and to be free of a claim from the other party
• Contributions made to one spouse by the other for education or career enhancement
• A spouse’s wishes to retain the marital home for the benefit of a dependent child
• Contributions from each party toward marital and non-marital assets
• Vested and non-vested benefits, pensions, funds, retirement or insurance plans other other things subject to distribution

Alimony in Florida Divorces

As per Florida divorce law, alimony is classified in four distinct categories. The court can order periodic payments or lump sum payments or even both. Either spouse can request the support as it is based on need as opposed to the other spouse’s ability to pay. The alimony categories include the following:

Bridge-the-Gap: This is a type of payment that is made to help one spouse in the short term as they work toward being independent. It lasts no longer than two years.
Rehabilitative: This type of payment is meant to help one party become self-sufficient by developing skills through education, training or work.
Permanent: This type of support is in place when one spouse is financially unable to support themselves. However, it is usually not awarded if the marriage was short unless there are exceptional circumstances in place.
Durational: This type of support is awarded to someone whose marriage was short to moderate in duration.

Child Support in Florida Divorces

Florida divorce law involves the Income Shares Model when taking child support into consideration. This takes both parents’ income to consider how much money each contributes toward the child.

In some cases, a health insurance provision is included in a child support order for minor children. Health insurance costs do not go over five percent of the parent’s gross income. In some cases, the court can require that the parent paying child support buy a life insurance policy to protect the child support order.

The Quickest And Easiest Way To Get In Control Of Your Divorce

Contact us to schedule a FREE Consultation with Attorney Morse over the phone.
Go to sleep tonight knowing that everything has finally been taken care of.


407-900-7451


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