Practicing family law in Florida, we see clients come to us with many misconceptions about the divorce process in this state. Florida does come with different rules for the process, at times, so we thought we would debunk some of these common confusions.
This is NO Legal Separation in Florida
Florida is one of the few states that does not provide legal separation as a formal process. In the Sunshine State you are either married or divorced. There is no legal category for legal separation.
Florida is a NO Fault State
This simply means that you do not have to give the court any reason for ending your marriage. You can simply share that you just want it to be over.
There’s NO Specific Age That Children Can Testify at
There is no specific age listed in the law; however, it does state that kids must be of “sufficient age and maturity.” This decision is usually up to the court judge and can vary greatly from judge to judge.
One Attorney Can NOT Represent Both Parties
Bottom line, in Florida one attorney cannot represent both spouses. This would simply be a conflict of interest for the lawyer.
Courts do NOT Favor the Mother, Just Because She is the Mother
In the past, courts have usually favored mothers over fathers, giving them exclusive or majority child custody rights. However, in the state of Florida, the Tender Years Doctrine favoring mothers has been abolished. Courts no longer favor one party over the other based on gender.
If you have any questions about collaborative divorce or how to move forward with one in the Tampa Bay area, then hire one of the top divorce lawyers. Call us: (813) 907-9807
Anton Garcia Law