When a couple decides that they cannot continue their marriage and believes that filing for a divorce is the best option there are a set of legal procedures they must follow in order to make that happen. Once you have made the decision to go forward with the divorce, one of the options you might consider is seeking legal counsel to find out how to go about filing for the dissolution of marriage.
A dissolution of marriage, commonly referred to as a divorce, is the means by which a marriage is legally terminated by issuance of a court order. Florida law permits a divorce when the marriage is either “irretrievably broken” or when one of the spouses has been deemed mentally incapacitated. An “irretrievably broken” marriage arises when the marital relationship has already virtually ended, when there is no hope for reconciliation, or it is in the parties’ best interests that their marriage be legally dissolved. In Florida, the divorcing parties are not required to live apart before seeking a marital dissolution. However, Florida law does require that one of the spouses be a resident of the state for at least six months prior to filing a petition for dissolution of marriage.
Divorce and your legal rights
Divorces can be complicated depending on how long you’ve been married, whether or not you have children or assets together, and how your financial and investment choices have been co-mingled. For some initial research, you can find the 2011 Florida State Statue concerning dissolutions of marriage online to begin to understand what choices you have regarding alimony, child support, time-sharing, and division of marital assets. Most couples will end up splitting their marital assets down the middle, or proportionally to the degree that each person contributed to the marriage. Additionally, there are several different types of short and long-term alimony options, and there are a variety of options available in Florida as far as child support and time-sharing are concerned.
If you have a prenuptial agreement, you may want to investigate how that will affect your divorce as well. Definitely, if seeking legal counsel with the Morey Law Firm, P.A .or any other firm, be sure to discuss your pre- or post-nuptial agreement with them. Florida Law guarantees spouses certain rights in death and estate planning as well. While going through a divorce you should find out how those rights will be affected, and whether or not they will affect the future of your children.
Seeking Legal Counsel
Although certain couples may qualify for simplified process whereby they dissolve their marriage themselves. Most divorces require the counsel of an experienced divorce attorney. The dissolution process can present a maze of legal issues such as: parental responsibility, child support, time-sharing (visitation); division of real property, business property, or other assets; the distribution of debts and other liabilities; and spousal support (alimony). The knowledgeable attorneys at the Morey Law Firm, P.A. aim to minimize the financial and emotional strain a divorce can have on the parties involved. A family law attorney can help you constructively reach property settlements, make time-sharing arrangements, and resolve other divorce issues through negotiation and mediation. When the parties involved are unable to settle their differences outside the courtroom, this is often referred to as a “contested divorce.” Should this situation present itself, rest assured that our attorneys are prepared to vigorously represent your interests in court and protect your future welfare. Alternatively, if the parties are in agreement as to how their assets should be divided or how their children will be cared for, this is referred to as an uncontested dissolution.
An “uncontested dissolution” refers to a situation where the divorcing parties are on amicable terms and are able to work out the terms of their divorce on their own. This means that both parties are in agreement as to child custody, time-sharing, and the distribution of their assets and debts. An uncontested dissolution is quite similar to a collaborative divorce in that it involves two parties who wish to work together to create an agreement that is mutually beneficial.
If you believe you that you qualify for an uncontested dissolution the Morey Law Firm, P.A. offers two convenient options to simplifying the process and finalizing your divorce
If you live in the central Florida area, including Orange, Seminole, Osceola, Lake, Volusia, Hillsborough, Pinellas, Polk, and Alachua Counties, the Morey Law Firm, P.A. is available to answer your questions and help you understand your legal rights and options. The Morey Law Firm, P.A. strives to provide competent and professional legal counsel in a relaxed client-oriented environment.
Please call our office today at (407) 426-7222 to make an appointment for a free confidential consultation.