The end of a marriage can be difficult but it is often the best outcome for those involved. Whether or not this is true for you, it is important that you protect your rights throughout the process. A trustworthy family attorney can serve as your advocate while helping you navigate the court system.
There are plenty of issues that can lead to conflict during the dissolution of a marriage, from property division to child custody. You have certain rights that protect you. Let a Pembroke Pines divorce lawyer help you assert those rights and push for a fair and equitable result.
The Ability to File for Divorce
There are specific requirements that a person must meet before they can dissolve their marriage according to Florida law. This process begins with residency requirements, which are in place to ensure that at least one of the spouses has ties to the state. Without these ties, the court does not have jurisdiction to dissolve the marriage.
To meet the residency requirement, one of the spouses must have lived somewhere in the state for six months prior to the filing of the petition. It is important to note that only one spouse must meet the residency requirement and it does not have to be the spouse filing for divorce. A Pembroke Pines divorce attorney can ensure the residency requirement is met before helping someone file the petition to dissolve the marriage.
The Grounds for Divorce in Pembroke Pines
Traditionally, a person filing for divorce must have an acceptable reason under the law to end a marriage. Under current law, it is not necessary to establish which party was responsible for the breakup of the relationship. This is important, as it greatly reduces the risk of drawn-out litigation.
Instead, the law has adopted a “no-fault” approach to divorce. That means the only grounds a person must establish in these cases is that the marriage is “irretrievably broken.” In other words, a petitioner needs only to show that the spouses are not getting along and repairing the relationship is not a likely possibility.
How Long Will Divorce Take?
The divorce process has developed a reputation for being long and drawn out. While this is definitely true in certain situations, it is also true that if a couple is largely on the same page and they take certain steps, the divorce could be done quickly and without much fighting.
According to state law, there is a minimum amount of time these cases must take. There will be a 20-day waiting period, which begins to count down on the date the petition is filed. This waiting period allows tensions to cool and for spouses to potentially rethink their decision before it is finalized. A Judge does not have the power to enter a divorce decree before the 20-day window expires. If the divorce is contested, it will take longer than if the two parties decided to make it uncontested.
One of the important ways an attorney can assist with the dissolution of a marriage is by avoiding any potential delays and resolving any roadblocks as quickly as possible. While there is a minimum amount of time the court must wait before issuing a divorce decree, a Pembroke Pines divorce attorney can advise a person on every important discussion point – from alimony to child support – so that they come out of it in the best possible position.
Contact a Pembroke Pines Divorce Attorney for Help Today
Dealing with the breakdown of a marriage can be difficult enough on its own. Navigating the legal hurdles and advocating for a fair outcome only adds to these challenges.
If you are facing a divorce or believe that you might be soon, now is the time to seek guidance from The Florida Probate & Family Law Firm. Make a call to a Pembroke Pines divorce lawyer as soon as possible for a free consultation.