This is the next post in my series on obtaining an uncontested divorce in Melbourne, Florida. My last article discussed the benefits of an agreed upon divorce, as opposed to going through the contested process. It is important to understand that the former can save the spouse significant time, money, and aggravation. Furthermore, in many instances, the parties are able to agree to an outcome which is similar to how the Court is likely to rule in the matter. Discussing your situation with a family law lawyer can help you to determine the best path forward. In this article I will discuss another important topic – the benefits of hiring an attorney in such matters. If you or a loved one are in need of assistance then contact my office today to schedule an initial consultation.
Technically, spouses do not need an attorney in order to file a Petition for a Simplified Dissolution of Marriage. Having counsel, however, can help to ensure that all potential issues are included in the divorce settlement. This can help to ensure that the spouses do not need to return to Court at a later date. It is important to understand that if an issue is not resolved in the settlement, then it will not be considered adjudicated. This is best explained by way of example. Suppose a husband and wife decide to divorce. Each will take the car they primarily drive. The wife’s car is paid for while the husband’s vehicle is still encumbered by an auto loan, which is in the names of both parties. The couple files their own divorce document and they list who will take which car, but the settlement documents do not mention the loan. The parties simply assumed that the husband would be fully responsible for the loan. The husband later makes several late payments and the wife’s credit is damaged as a result as the loan still has her name on it. This is just one example of what can happen if all issues are not properly addressed in the Court filings.
Now suppose that the aforementioned couple had retained an attorney to help with their case. Counsel would have inquired as to whether there was an auto loan as part of making sure that everything was covered in the Court filings. The Petition could have included language saying that the husband is fully responsible for the loan. Furthermore, language could have included language which would have required the husband to refinance the vehicle into his name only within a certain amount of time, or that he sell the vehicle if he cannot obtain financing. If the husband failed to honor these provisions within the required time, then the wife could file a Motion with the Court to force the sale of the car in order to get rid of the loan which is under her name. Again, this is just an example of how a party can protect themselves and what is best in any given situation will always be dependent on the facts of the case.
If you or a loved one are considering ending a marriage, then contact my office today to speak with a Melbourne uncontested divorce lawyer. I devote my practice to the handling of domestic relations law and I understand the important nature of such cases. My office prides itself on providing quality service and we are looking forward to being of assistance. Contact us online or by telephone to schedule an initial consultation. We also serve the 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.