Divorce is rarely someone’s first option, but if a marriage is not working out, sometimes it is the best solution. Although the legal process could seem complicated, an experienced family attorney can take you through every step so you can be confident and firm in your decisions.
A Coral Way divorce lawyer understands how challenging this event can be. We offer legal knowledge and emotional support that you can depend on.
Divorce Basics You Need to Know
Anyone who has lived in Florida for at least six months could file for divorce in their county of residence or the county where the spouse lives. A family court will not hear a divorce case if the residency requirement is not met.
The spouse who files for divorce must say why they are seeking a divorce. Florida Statutes § 61.052 provides only two legal grounds for divorce in this state: the marriage is irretrievably broken, or a spouse has been mentally incapacitated for at least three years.
Infidelity is not a legal basis for divorce. However, if a spouse cheats, their conduct could affect property division and alimony decisions. A Coral Way divorce attorney can discuss whether making an issue of cheating is a good idea in a specific case.
What is Determined in a Divorce?
Marriage is not just an emotional relationship but a financial and legal one, too. Untangling the legal and financial connections is part of the hard work of divorce law.
Couples must divide their shared property and decide whether one spouse will receive ongoing financial support. If they have children, they must come up with a detailed parenting plan establishing where the children will live, how much time they will spend with the parent they do not live with, and how the parents will handle transportation, decision-making, and expenses.
The couple must also arrange for child support. They cannot waive child support payments, even if the parent who will live with the children has more resources than the parent with visitation. A Judge will review the child support agreement and approve it if it supports the best interests of the children. A Coral Way divorce attorney can help a couple figure out an appropriate amount of child support.
Couples Who Agree Save Time, Money, and Stress
If a couple can communicate and both spouses are willing to compromise on some issues, an uncontested divorce is easier on everyone, especially the children.
Spouses seeking an uncontested divorce must agree on all the major issues before they file for divorce. Developing the necessary agreements takes time and effort, and they often work with a mediator to help them focus their negotiations. Once they agree about dividing property, alimony, and issues related to the children, the couple can file for divorce. They submit all their agreements with the petition requesting a divorce, and the court could grant the divorce within weeks.
Sometimes one spouse files for divorce when they still have disagreements. After the court receives the divorce papers, a Judge instructs the couple to try to agree on the relevant issues. The court might order the couple into mediation or arbitration. If they are successful, the court will review the agreements and issue a divorce.
In the worst-case scenario, a Judge will hold a trial and make the important decisions on their behalf. A divorce attorney on Coral Way could argue for the resolution that meets a spouse’s goals. Although the Judge will attempt to be fair, couples usually feel more satisfied with their divorce agreement if they develop it together.
Trust a Coral Way Divorce Attorney to Help You Through This Conflict
Divorce is emotionally draining, especially when there are legal aspects to worry about. At The Florida Probate & Family Law Firm, we would like to relieve some of that stress.
A Coral Way divorce lawyer understands this is a challenging time for you and will work to make the process as smooth as possible. To schedule a free consultation, please call us today.