Divorce is a life-altering event, but its intricacies and surprising realities often remain hidden until someone is in the thick of it. These ten facts may shift your perspective on marriage and divorce, whether you’re currently going through a separation or simply curious about the legal process.
Navigating divorce can be complex for Florida residents, but having a top-rated divorce lawyer in Jacksonville can make all the difference.
1. Florida Has a “No-Fault” Divorce Law
One of the most common misconceptions about divorce is that you need to prove wrongdoing to end a marriage. In Florida, this isn’t the case. In a no-fault divorce state, neither spouse needs to show that the other did something wrong, like infidelity or abuse, to file for divorce.
The only requirement is proving that the marriage is “irretrievably broken” or that one spouse is mentally incapacitated. This can simplify the legal process, but having a skilled divorce lawyer in Jacksonville can help you navigate the system more smoothly.
2. Divorce Rates Are Lower Than You Think
Contrary to popular belief, the divorce rate in the U.S. has been declining in recent years. The national divorce rate dropped to 2.3 per 1,000 people in 2020, down from 4.0 per 1,000 in 2000. However, the reasons behind the decline are complex, with factors like delayed marriages and increased cohabitation playing significant roles.
If you’re considering divorce, seeking the advice of a Jacksonville divorce attorney can help you understand your options, especially in a changing legal landscape.
3. Florida Has One of the Highest Divorce Rates in the Country
Despite the national decline, Florida still has one of the highest divorce rates in the country, with about 13.2% of adults being divorced, according to the U.S. Census Bureau. This is significantly higher than the national average of 10.9%.
For those in Jacksonville, understanding this local context and working with a family law attorney in Florida can make a huge difference in your case.
4. You May Have to Share More Than You Think
Many people are shocked to learn that divorce often involves splitting more than just assets. Florida operates under an “equitable distribution” law, meaning that marital property is divided fairly, though not necessarily equally.
However, marital debts are also shared, including credit card debt, loans, and business liabilities. Consulting a divorce attorney near me can help you prepare for this often-overlooked aspect of divorce.
5. Alimony Payments Are Common in Florida
Alimony is one of the most contentious issues in a divorce, and many are surprised to learn that Florida courts frequently award it. Alimony may be granted based on several factors, including the duration of the marriage, the financial disparity between spouses, and each spouse’s standard of living during the marriage.
Florida divorce laws recognize various types of alimony, including bridge-the-gap, rehabilitative, durational, and permanent alimony. Working with a Jacksonville divorce attorney is essential for understanding what type of alimony you may be entitled to or liable for.
6. Your Social Media Can Impact Your Case
In today’s digital age, what you post online can have real-world consequences—especially in a divorce case. Courts have increasingly allowed social media posts to be used as evidence in determining custody, spousal support, and even asset division.
If you’re going through a divorce, it’s advisable to consult a top-rated divorce lawyer in Jacksonville who can help you manage your online presence during this time.
7. Mediation Is Often Required in Florida
Before a Florida court will hear a contested divorce case, the couple must typically undergo mediation. This process encourages the parties to resolve issues outside the courtroom and can save time, money, and emotional strain.
While mediation can be effective, having a knowledgeable divorce attorney near me can help protect your rights during negotiations.
8. Child Custody in Florida Is Based on “Time-Sharing”
Florida’s approach to child custody focuses on “time-sharing,” not traditional custody and visitation terms. Courts aim to ensure that children maintain meaningful relationships with both parents unless there is a compelling reason otherwise.
Judges consider several factors when determining time-sharing arrangements, including each parent’s ability to meet the child’s needs, the parents’ moral fitness, and the child’s preference (if the child is mature enough to express it). Working with a family law attorney in Florida is crucial for parents navigating this system.
9. Divorce Can Take Longer Than You Think
Many people underestimate how long a divorce can take. Even uncontested divorces, where both parties agree on all terms, can take months to finalize due to legal procedures and mandatory waiting periods. Contested divorces, which involve disputes over assets, custody, or alimony, can take much longer.
The average divorce in Florida takes about 12 months to resolve, according to the Florida Department of Health. Consulting a Jacksonville divorce attorney early can help you set realistic expectations for your case.
10. Most Divorces Settle Outside of Court
While we often hear about dramatic courtroom battles, the reality is that most divorces settle outside of court. According to the American Bar Association, about 95% of divorce cases are resolved through settlements.
However, these settlements can be complex, so having a top-rated divorce lawyer in Jacksonville can be beneficial in ensuring that your interests are well-represented.
Understanding Florida Divorce
Divorce is never easy, but knowing the facts can help you prepare for what lies ahead. Whether it’s understanding Florida’s unique laws or navigating the complexities of child custody, working with an experienced family law attorney in Florida can make a world of difference.
If you’re considering divorce, a Jacksonville divorce lawyer can help guide you through the process and protect your rights.
