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How does having a minor child impact a divorce in Florida?

On Behalf of | May 15, 2020 | Divorce

In general, getting a divorce in Florida needs little more than the parties informing the court that their marriage is irretrievably broken and they would like to dissolve the union. For most, that is sufficient and a dissolution will be granted. However, there are situations in which more information is needed and the court might want the couple to try and salvage the relationship.

If there are minor children in from the marriage, there are certain steps the court can require before granting a divorce. This should be understood when trying to move forward with the end of a marriage with minor children. Without minor children in the marriage, telling the court that the marriage has reached an irretrievable breakdown and the respondent does not deny this will likely result in a dissolution. The process is different if there are minor children.

With a minor child or if the respondent denies that there is an irretrievable breakdown, the court has the right to make orders that delay the dissolution. That includes ordering the parties to take part in marriage counseling, see a psychologist or a psychiatrist, share their marital concerns with a religious authority based on their faith, or meet with another person who is acceptable to the couple to discuss the marital issues. The court can also order a continuance for up to three months so the parties can attempt to reconcile. The best interests of the minor child are paramount, so the court will take whatever action it deems necessary for the child’s benefit.

Most people can simply agree to part ways and they will be granted a divorce in Florida. In these cases, there are frequently issues such as alimony, property division, custody and visitation that must be addressed. If there is a minor child from the marriage, the court can go beyond simply agreeing to grant the divorce based on it being irretrievably broken. With minor children as part of a marriage that is ending in a divorce, it is wise to have a grasp of the law. Consulting with a law firm with a history of assisting people in a divorce might be beneficial.