• 09
  • July
    2010

Lately, it seems as if every newspaper and magazine in the country is engaging in pure speculation when it comes to Tiger Woods' impending divorce. Just last week, several media outfits reported that Woods was going to pay his wife Elin a $750 million settlement. Closer examination of the facts would show this to be impossible as Woods' estimated net worth is actually closer to $600 million (according to Forbes magazine).

At this time, it may be worthwhile to take a closer look at Florida's divorce laws in order to provide interested readers with a more solid legal framework from which to view the inevitable Woods divorce proceedings.

Please note, it is highly likely that the divorce would take place in Florida as the couple has two primary residences there. More importantly, Florida has no state income tax. Consequently, Elin Woods could claim the most money there (as opposed to California or Sweden).

Florida is a No-Fault State

First and foremost, divorce is officially referred to as "dissolution of marriage" in Florida.

Furthermore, it is not necessary for either a husband or wife to demonstrate specific grounds (i.e., adultery, cruel and inhumane treatment, abandonment) in order to dissolve their marriage. Like Colorado, Florida is a no-fault divorce state. This means the spouse seeking a divorce can merely state that the marriage is "irretrievably broken."

In fact, all that needs to be demonstrated under Florida law in order to file a petition for the dissolution of marriage is the following:

• An actual marriage between the husband and wife 
• Either the husband or wife was a resident of Florida for the six months preceding the filing of the petition
• The marriage is irretrievably broken

A husband or wife initiates the divorce process in Florida by filing the petition for dissolution of marriage with a circuit county court.

This is significant because either party (Tiger Woods or Elin Woods) could hypothetically file the petition in any of Florida's 67 counties. While their homes are located in Orange County and Martin County, they could still choose to file the petition in a more remote county in order to avoid media scrutiny.

However, according to prominent New York divorce attorney, Ira M. Elegant, this strategy may not be entirely effective.

"The first thing somebody in the clerk's office would do is pick up the phone, and it would probably get out by word of mouth before they even dialed," said Elegant.

To be continued ...  

Related Resources:
  
• A Tiger Divorce: What's Fact, Fiction? (The Arizona Republic)
• Divorce in Florida (Florida Bar Association)