Unclaimed Property Page::
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What does marriage really mean? Is it also a legal relationship? What are the consequences of marriage and divorce? How will it change your life? What does the dissolution of marriage mean and what is involved in the proceeding?
Getting married isn’t just living together until death or divorce. When you marry you enter into a legal relationship with many consequences on your ownership of money, your possessions, your children and ultimately how you relate. Persons getting married should research information about what marriage really means and what impact it can have on your future. For those considering marriage there are pre-marital classes. A “prenuptial agreement” can determine the economic issues if one dies or the marriage is dissolved. If there isn’t a written or verbal agreement referencing assets and liabilities; the court will have a trial to determine who gets what and who will pay what. If a party owes a debt prior to the marriage and that debt still exists at the time of the divorce that party will still be responsible for that debt unless other agreed to arrangements were made.
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Once a petition for dissolution of marriage is filed in Florida, then legal service is required of the other person. That party must file a written answer. Financial information to and from his or her spouse is required. Most courts where children are involved require parenting classes. In Florida there are (2) legally acceptable reasons for divorce. They are: if a party is declared legally incompetent for over (3) years or the marriage is “irretrievably broken” This means there is nothing that the court can do. If there are children and a party denies that the marriage is “irretrievably broken” then the court may order counseling and the proceedings may be delayed up to (3) months for possible reconciliation. Most courts where children are involved require parenting classes. Divorce proceedings are public proceedings and are available for review at the courthouse.
The court begins the process of division by first setting aside “non marital” which were owned prior to marriage or inherited or properties agreed to in a written agreement between both parties as non marital. Assets and liabilities will be distributed equally or not, based on equitable factors; for example a career. The court may award some assets to each party and balance the difference through a cash payment.
A trial judge may enter orders while the divorce action is pending dealing with support, maintenance, possession, where any children may live, and the time spent with each parent, and also, attorney fees and costs.
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divorce petition of a lesbian couple who was married in Florida also does not have a divorce waiting period; thus making it easier to get a divorce.
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A final judgment from the court must be obtained to dissolve the marriage. Matters of property, support and child-related issues will be determined.
In summary, getting married is a legal relationship which has bearing on many factors including your future and how you relate to each other. There are premarital classes to research information on what marriage can mean for you. Consider a “prenuptial agreement” to determine the economic issues if one dies or the marriage ends. Is your marriage “irretrievably broken” or will counsel help?
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Getting Married and Divorced in Florida Guide