By Robin Roshkind, Esquire, West Palm Beach, Florida
It is important for divorcing couples to know that every state has different divorce laws. For example, in New York State, you have to show cause as to why you should get a divorce. Cause can include such things as abandonment and adultery. New York State is a “fault” state, where you have to prove the marriage is broken by some fault of your spouse.
Here in Florida, there is no such requirement, as Florida is a “no fault” state. You only have to prove residency and declare the marriage to be irretrievably broken.
Florida is also an “equitable distribution” state, which means that the marital assets and debts are divided in divorce court FAIRLY, not necessarily equally. California is a “community property” state which means that all marital assets and debts are automatically divided in half 50/50 no matter what other facts or circumstances there are to the marriage.
It becomes tricky when a divorcing couple has property in two different states. That is why it is important to consult an attorney before filing. Perhaps it is in a party’s best interest to file in Florida rather than the other location. This is called forum shopping. Consult with an attorney before you file for divorce in the less favorable location.
For more information about venue or other divorce proceedings, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or call for a consultation appointment with one of the attorneys at the Firm at 561-835-9091.