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FAMILY LAW/DIVORCE
1. What can I expect
from a divorce?
A spouse can file a
Petition for Dissolution of Marriage in Florida if either
party has been a resident for a period of six (6) months
prior to filing the petition. In Florida, as in most states,
a person wishing to obtain a divorce from his or her spouse
does not have to prove that the divorce is due to the
misconduct or fault of the other during the marriage. This
is commonly known as “no fault,” and the party seeking to
dissolve the marriage must merely allege that the marriage
is “irretrievably broken.” A judge will make a finding that
a marriage is “irretrievably broken” if one party testifies
that no manner of counseling can repair the marriage. Based
upon that evidence alone, a judge will dissolve the
marriage. Of course that is the easiest part of the process.
The more difficult issues to resolve generally include child
custody, child support, alimony, and the division of marital
assets and debts.
In Florida, we
have uncontested divorces and contested divorces. Uncontested
divorces are for people who are in complete agreement about
all of the issues about their divorce. In those cases, an
attorney will usually draft a consent final judgment to
dissolve your marriage that includes all of your agreement.
Contested divorces are those that require some issues to be
decided by the Court. An uncontested divorce can be completed
in a few weeks, while a contested divorce will take at least
six (6) months. An uncontested divorce means that both parties
have completely resolved every single issue of the marriage. A
contested divorce is inevitable if the parties cannot
negotiate a complete resolution of all issues. While you may
think you have an impossible situation, an experienced lawyer
can often develop creative solutions that are acceptable to
both parties.
Each party, if
you have children, will have to attend the Children First in
Divorce Class. It is a four hour class on either Thursday
night or Saturday during the day. This class must be completed
before you can be divorced.
You will also have to fill out
a financial affidavit. This is a requirement that you and your
spouse cannot agree to bypass. One must be filed by each party
in order to get divorced. There must be full disclosure of
each parties’ income, assets, and liabilities.
You will be required to attend
mediation for a minimum of two hours at which time you and
your attorney will meet with your spouse and their attorney
and a mediator in an effort to allow you to resolve your own
issues. If you can agree, you will sign a consent final
judgment and the case will not be heard by the judge. If you
cannot agree, you retain your full rights to have the Court
decide the issues.
If your case
involves custody, the judge can appoint a child custody
evaluator to do a home study of your and your spouse’s home
and submit a report to the judge with their recommendation
about what is best for the child.
How long it will take and how much it will cost depends of the
specific facts of your case and, ultimately, upon you.
Uncontested divorces can usually be completed within two weeks
of the parties completing all of the paperwork and the class.
Contested divorces can take from three to six months, again,
depending on the specifics of the case.
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