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Married couples in Florida are legally binded together by law. In order for a divorce to occur the contract of marriage must be legally broken. The process, known as divorce,  divides assets and debts and resolves issues concerning children (including child support, child custody, visitation or time sharing). The judge may also order the future support of a spouse in need and will restore the rights of couple as single individuals allowing them to remarry and move on with their lives both emotionally and financially. A divorce lawyer can help fight for your rights during the divorce process.  They can also help you avoid some of the emotional and financial stress.

Uncontested Divorce:

In the state of Florida special laws apply for married couples seeking divorce who meet specific conditions.  If you have no kids, have been married over 6 months, agree that the marriage is unrepairable, and agree on how to divide assets and liabilities then you may be eligible for a simplified dissolution (i.e. simplified divorce is an easy divorce).  It is typically a faster process and can save a tremendous amount of money over more complicated divorce issues.

Contested Divorce:

When children are involved or there are disputes over how to distribute assets and debts, a contested divorce is typically required.  The process includes filing a petition for divorce or answering a petition.  This is commonly referred to as being served or serving divorce papers. There is also a a mandatory financial disclosures filing.  Discovery to decide marital estate value and to decide each parent ability to care for children.

Motions with the court for use of the home, temporary alimony or child support, temporary child custody plans, attorney’s fees or other forms of relief that may also be needed.  If the married couple is unable to agree on issues such as child support, child custody, division of property and debts and other required distributions then a mediator may be court ordered to help reach an agreement.  If mediation is unsuccessful then the case may go to trial where it could be left in the hands of a judge.  This is where a knowledgeable, local divorce lawyer could prove to be invaluable.

Divorce is a very serious decision that will affect your life, your childrens lives, and others close to your family.  It can take time away from your job and cause tremendous emotional and financial stress.  A well trained divorce attorney can help you go over the long and short term aspects.

For more information on the link:  Florida Statutes concerning Divorces

 

A divorce will not be granted by the state unless one of the following conditions is met:

  • The marriage is irretrievably broken
  • One of the parties is mentally incapacitated. Certain requirements for this condition are listed under (1) b

Based on this evidence presented at a hearing, the court will place a petition for dissolution of marriage if there is no minor child from the marriage and if the responding party does not deny the marriage is irretrievably broken.

If there is a minor child or the other party denies that the marriage is irretrievably broken, the court may take other action. To learn more, see statue(2)b

Includes the following and additional topics:

  • General Provisions
  • Residence Requirements
  • Alimony
  • Child Support
  • Definitions
  • Dissolution of Marriage
  • Equitable distribution of marital assets and liabilities
  • Distribution of retirement plans
  • Sale of marital home
  • Child custody, primary residence, visitation
  • Parenting course attendanceAll parties to a dissolution of marriage proceeding with minor children or a paternity action that involves issues of parental responsibility shall be required to complete the Parent Education and Family Stabilization Course prior to the entry by the court of a final judgment. The court may excuse a party from attending the parenting course, or from completing the course within the required time, for good cause.

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