If you are contemplating divorce, you want an expert divorce attorney to protect your interests. At Canan Law, our team of divorce attorneys has extensive experience in divorce law and the divorce court procedures of St. Johns County and Northeast Florida.
In every case, Canan Law divorce attorneys must establish jurisdiction, venue, and service of process for the divorce proceedings. Under Florida law, circuit courts have jurisdiction over divorce proceedings. To establish jurisdiction in St. Johns County, your Canan Law divorce attorney must prove that you or the other party to the divorce has been a Florida resident for six months prior to filing for divorce and currently resides in St. Johns County. Residency for divorce purposes must be corroborated by a driver’s license, voter registration, or third-party testimony. Personal jurisdiction in a divorce over an out-of-state respondent may be achieved through the long arm statute. Venue is typically in the county where the marriage last existed, or where you or your spouse currently reside. Florida law offers a no-fault divorce in St. Johns County. Your divorce may be granted on a finding that the marriage is irretrievably broken.
Equitable Distribution in Divorce
Your Canan Law attorney will usually petition the divorce court to make an equitable distribution of all marital assets (i.e., all property acquired by either spouse prior to divorce from a source connected with the marriage, plus inter-spousal gifts). Non-marital assets, or assets acquired prior to the marriage, are not considered. Property must be distributed equally unless justification for unequal treatment is shown. The court will consider factors such as contribution to the marriage, economic circumstances, interruption of personal career or education by a spouse, contribution by one spouse to the career or education of the other, the desirability of one spouse retaining a particular asset, the length of the marriage, the desirability of retaining the marital home as a residence for dependent children, and misconduct that depleted marital assets within two years of filing for divorce.
Alimony After Divorce
Alimony is a support obligation available to either spouse after divorce. The court may consider adultery in making the award, but the modern trend in divorce courts is to consider it only if the adultery is relevant for financial reasons. The divorce court will also consider length of marriage, standard of living, age, physical and emotional condition of each party, time needed to obtain education or training, financial resources, contribution to the marriage, and sources of income available to either party after the divorce.
At Canan Law, our divorce attorneys can help you through the difficult and emotional process of divorce. If you or your spouse resides in St. Johns County or anywhere in Northeast Florida, contact Canan Law for a consultation.