It is not unusual for people who are in the process of a marital dispute to jump before they fully understand all the various aspects that are important in a divorce. The basics are frequently pushed to the side. This is a mistake, whether it is a high asset divorce of a high-profile couple or one of more modest means. Complex, simple or somewhere in between, the law is the same for everyone.
A divorce — legally referred to as a dissolution of marriage –will not be granted unless one of two factors are in place. The marriage must be irretrievably broken, or there must be incapacity of one of the parties. Regarding incapacity, there cannot be a dissolution unless the party that is alleged to be incapacitated has been adjudged as such based on the legal provisions for a minimum of the previous three years.
The notice for the dissolution will be served on the closest blood relative or a guardian of the person who is incapacitated. The relative or guardian will be allowed to appear at the proceeding and be heard regarding the issues. If there is a general guardian other than the party that is bringing the case, any summons and petition will be served upon both the guardian and the incapacitated person. The guardian is responsible to protect the interests of the incapacitated person. If there is no guardian, the court will appoint a guardian ad litem to protect the incapacitated person’s interests. If the divorce is granted based on incapacity, the court might ask the petitioner to pay alimony.
The basics are essential in any legal proceeding, particularly a divorce. Those who are planning to divorce must be cognizant of the laws of the state and upon what basis a divorce can be requested and granted. Discussing the matter with an attorney is the first step to this vital issue.
Source: leg.state.fl.us, “61.052 Dissolution of marriage.,” accessed on May 30, 2017