When a couple gets married, there is always some risk of a future divorce. The most recent research suggests that when the winter holidays end and the new year begins in January, filings for dissolution of marriage (divorce) are more likely to take place. There is plenty of advice available regarding how to help make this process go smoothly and how to minimize the damage a divorce will cause to a family.
Divorces are most common as each new year begins, but fewer people are separating
Local news for the Clearwater area published a report regarding the time of year when divorces are most common. The beginning of the year tends to be the most common time for couples to separate, according to all the available data. The various ways in which relationships end, whether through divorce, or couples who are not legally together but are simply breaking up, spike up shortly after the new year begins. Researchers believe that this phenomenon is partially due to the fact that couples will push through the holidays together, even if they are unhappy or planning a split later on.
A family therapist stated that couples need to learn to grow together and adapt to each other if they wish to make their marriages work. If this gradual process of change and mutual appreciation does not occur, problems will slowly begin to develop, and they may become much more serious at a later time. Even a small amount of drama can seem to grow and take on its own life over time, regardless of the couple’s good intentions. When arguments become regular, couples tend to focus on this tension more than the good things in their marriage, which exacerbates the problem.
When children are involved, breakups tend to become more traumatic for the children and more highly contested for the parents. Even in low conflict situations, children tend to carry long term baggage and trauma caused by their parents’ separation and arguing. According to experts, divorced parents who maintain some kind of informal relations with the former spouse tend to help children deal with the divorce better.
The most recent data from the CDC shows that the overall divorce rate is between fifteen and thirty percent, depending on when the couple was married, which is lower than in previous decades. While the overall divorce rate is dropping, there are also fewer total marriages taking place now than in previous generations. This may suggest that people who are less serious about marriage may be just cohabitating or remaining in relationships long-term without making the commitment to marry.
The current process to obtain a divorce in Florida
Divorce has been simplified in every jurisdiction in the United States to make filing and dissolving a marriage a fairly quick process when the parties are able to reach a prompt settlement of all issues. Florida has adopted the no-fault divorce regime, which means that one or both spouses can simply say that the marriage is irretrievably broken in order to obtain a divorce, as long as other requirements for divorce are met.
Requirements to get a divorce in the state
A couple filing for dissolution of marriage (divorce) must meet some basic residency requirements before the local family court will accept their case. At least one of the spouses must have lived in Florida for 6 months or more before the divorce can be filed in the state. The proper venue is the county court where one or both of the spouses live. If a couple has recently moved to Florida, they may be able to file in the state where their previous residence was located. The person filing for the divorce must say that the marriage is irretrievably broken, but this can generally be for any reason. Under no-fault divorce laws, courts are not concerned about what specifically caused the filing. A showing of adultery or abandonment is not necessary, though these factors may affect the case in another manner.
Get specific advice from an attorney
Each spouse should always retain their own family law attorney before and during the divorce process to make sure their interests are being addressed. Keep in mind that unless the two sides can come to their own agreement, divorcing spouses are likely to have a very different idea of what they should receive after a divorce in terms of property, money, other tangible assets, and custody rights. The attorney for each spouse will advocate on their behalf to the fullest extent of the law to make sure their client gets what they deserve out of this process. This is why it is so important to be prepared for hearings related to child custody, property division, alimony, equitable distribution, and other issues that tend to be included with the divorce.
Learn more about divorces and separation issues from experienced lawyers
There are attorneys who practice in the Clearwater area who focus on divorces, child support, alimony, custody, and related family law issues. The Law Offices of Yeazell and Sweet are available to provide all of these services and legal advice relevant to your personal situation.