This is the next article in my series on completing “no fight” divorce cases in our area of Florida. My last article discussed resolving child custody and support in an uncontested divorce. It is important for parents to understand that an agreed upon resolution can often be better for the children. It is also important to understand that custody can be modified if circumstances change and the modification would be in the best interest of the children. An experienced lawyer can help you to determine if the uncontested process is in your best interest. In this article, I will be discussing the benefits of retaining counsel in such matters. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
A key benefit of retaining counsel is that they will work to ensure that all issues are fully handled in your divorce documents. Unfortunately, it is not uncommon for spouses to handle the matter themselves and to omit important information from their settlement agreement. Omitted information most commonly includes assets or debts. This can result in spouses having to go back to Court later to litigate previously unforeseen issues. This litigation process can be costly, time consuming, and can often not fully rectify the issue. Properly handling the case, from the beginning, can prevent such problems from arising.
The foregoing is best explained through an example. Suppose John and Jane file a Petition for a Petition for a Simplified Dissolution of Marriage. In their settlement agreement, they agree that John will keep his car and that Jane will keep her vehicle. These cars are identified by make, model, and VIN. Unfortunately, the parties do not include the fact that each vehicle is financed in the names of both spouses. Their divorce is granted as written. Three months later, John stops making his car payments and the vehicle is repossessed. These late payments and the repossession will appear on Jane’s credit report. Jane files a request with the Court to compel John to pay the debt off, which he does. The late payments, however, will still appear on Jane’s credit. In other words, she has suffered damage which cannot be easily undone.
The problems shown in the example above could have been easily prevented. Suppose the settlement had stated that each party was required to refinance their vehicle into their name only. Also, suppose it was required that each spouse was to notify the other if a payment was going to be late. If John did not take steps to refinance the vehicle then Jane could have made necessary payments and quickly brought the matter before the Court. The Court may very well order that John reimburse her for any payments that she made and that the vehicle be sold to clear her name from the loan. This simplified example shows how problems can be prevented by handling all issues correctly from the outset.
One of the best ways to ensure that there are no issues in a stipulated divorce is to retain an attorney to assist you. Counsel will take the time to ensure that all issues in the case are properly identified and included in the settlement documents. They will also work to ensure that you understand all the ramifications of any settlement terms so that future litigation is less likely. As a Melbourne uncontested divorce lawyer, I am able to assist with such matters. If you need assistance with a “no fight” divorce then contact my office online or by telephone today. My firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.