This is the next article in my series on obtaining a “no fight” divorce in the state of Florida. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you are considering ending a marriage. Speaking with counsel can be important as it can help to ensure that all issues are properly handled and that the parties do not have to return to Court at a future date. Litigation over unresolved issues can be stressful, time consuming, and expensive. In this article, I will be discussing how a case can be handled through our state’s simplified process. If you or a loved one are in need of assistance then contact my office today to speak with a Melbourne lawyer.
Florida residents may file a Petition for Simplified Dissolution of Marriage
Florida is like many other states in that it does not make spouses go through the litigation process if they are in agreement on all issues. If the parties are in complete agreement then they may file a Petition for Simplified Dissolution of Marriage. A written settlement must be included with this Petition. The settlement must spell out terms for all issues in the matter. In other words, the settlement must deal with the division of marital property, any obligations relating to spousal support, it must contain provisions for child custody, and it must deal with the subject of child support. If the spouses are in disagreement on any issue, no matter how small, then they will need to go through the contested process instead.
A hearing will be scheduled before the Court after the Petition has been filed. Such hearings are typically short and the Judge will ensure that both sides understand all ramifications of the agreement. As long as there are no issues that the Judge finds to be blatantly unfair or illegal, the settlement will likely be granted. The Judge will sign a Divorce Decree which will then be filed with the Court. If, at the hearing, the Judge does take issue with some part of the settlement then counsel will attempt to explain why the issue is in the best interest of all parties. If the Judge does not accept the settlement, then a revised agreement may be filed and a new hearing may be scheduled.
It is suggested that spouses retain an experienced attorney to handle their stipulated divorce. It is not uncommon for parties to attempt to file their own documents and for problems to arise as a result. Suppose, for example, that the spouses did not include a substantial debt in their divorce. After the Divorce Decree is entered, they then disagree over who should be responsible for the debt. This may result in the spouses having to engage in post-divorce litigation over the issue. One step an attorney will take, to prevent such problems, is to help the parties ensure that all issues are being resolved at once.
A Melbourne lawyer can help determine if you are eligible for a no–fight divorce
Counsel will help to determine if spouses are eligible for the no-fight process described above. First, in order to be eligible, one of the spouses must have resided in our state for at least six months prior to filing. Second, as previously mentioned, the parties must be in agreement on all issues. If they disagree on any issue then the stipulated process will not be available. This is not to say, however, that the parties cannot quickly resolve agreed upon issues after filing, while litigating the non-agreed upon matters.
If you are considering ending a marriage then contact my office today to speak with a Melbourne uncontested divorce lawyer. I understand that this is a crucial time in your life and my firm will take steps to ensure that your case is handled correctly. We will make sure that you know what to expect from the process and that we are prepared to answer your questions. We look forward to speaking with you.
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.