Deciding to end your marriage is always an emotional and complicated choice that affects everyone involved. Unforeseen issues can happen that can derail even the best intentions. Changes in responsibilities and routines are upsetting for everybody, especially children. From uncontested to complex, our legal team will represent you in achieving your best outcome.
A divorce can be obtained through regular marital dissolution, which is filing for divorce before a local court. In a regular dissolution, both parties must fully disclose all relevant financial information and other supporting documentation. The parties may either present a settlement in writing to the court, engage in mediation or proceed to a full trial if neither are amenable to an acceptable agreement.
Although fault is generally not considered in Florida law, fault may be considered when the court distributes marital property and determines child custody. When children are involved, this can become an extremely contentious and stressful issue. Assets or debts obtained during the course of a marriage are considered marital property and must be distributed prior to the successful dissolution of a marriage.
Under Florida law, assets and debts are generally distributed equally between both parties.
We recognize that divorce is difficult, and that you are coming to us at a stressful and traumatic time in your life. It is our goal to make your life easier by providing you with the compassion, support, guidance and legal acumen you need to make the right choices.
What Does No-Fault Mean? Florida is a “no fault” divorce state, meaning that either party may divorce without any reason other than the desire to divorce. The spouse seeking a divorce simply confirms that the marriage is “irretrievably broken.”
Contested versus Non Contested
What is a Contested divorce? When the parties cannot agree to one or more issue to conclusively terminate their marriage, the divorce becomes contested. Contested does not mean that you must go to court to resolve the dispute. However, when spouses cannot arrive at an agreement, even with the advice and assistance of legal counsel, they must approach a court to adjudicate their dispute.
What is an Uncontested divorce? An uncontested divorce is when the law provides a process called a “Simplified Dissolution of Marriage.” The couple can obtain a fast divorce, about 30 days from filing to finalization, as long as they completely agree to the terms and conditions of the divorce and the divorce is uncontested.
If the Divorce is Uncontested, Do I Still Need an Attorney? Yes! In the event of any possible complications, a divorce lawyer will offer you the support, representation, guidance and legal advice you’ll need. Our firm will guide you through any potential problems, questions or concerns that may occur, whether contested or not.