In the State of Florida, dissolution of marriage is an action to terminate a contract of marriage and is used as another term for divorce. There are a number of different types of dissolutions depending on the circumstances of each case. Because Florida is a no-fault divorce state, there is no need to prove that either one of the spouses is at fault for the failure of the marriage. If either one or both of the spouses wish for a dissolution of marriage, they simply need to state that their marriage is irretrievably broken. This means that for whatever reason the couple can no longer get along well enough for the marriage to continue.
Although fault is not considered for divorce in Florida, factors regarding fault are reviewed by courts for certain aspects of a divorce, such as alimony, distribution of assets, and child support. Divorce is never easy and can be a strain on emotions, time, and finances. At Silverman and Mack, LLC, we can provide you with an experienced divorce lawyer to help you through each step of the divorce process.
How To File For A Dissolution Of Marriage
Either spouse is able to file for divorce in Florida without the need for the other spouse to agree to the divorce. In other words, if a party wants to file for divorce, he or she does not have to prove the fault of the other party for the dissolution of marriage to be approved. However, if the parties have children in common and one of the spouses does not agree to the divorce, the divorce won’t be denied.
However, it may be delayed in order for the spouses to first attend counseling. To be granted a divorce, one of the spouses must file a ”dissolution of marriage” form for the county in which they reside. To file for divorce, a residency of six months in Florida is required. The papers will then be delivered to the respondent spouse who will need to file a written response with the clerk of the court.
Do I Need An Attorney For A Dissolution Of Marriage Case?
Because divorce is a legal process, it is always advised to have a divorce attorney alongside you. An attorney can offer you counsel, take care of complex legal matters, and protect your rights during the entire process. When filing for divorce, if you fail to submit all the necessary documents in time, it could be denied.
An attorney knows exactly what you need so your divorce can move along as quickly and as smoothly as possible. Your family law attorney can also help you create a parenting plan and protect your deserved assets and property.
What’s The Difference Between Contested & Uncontested Divorce?
Dissolution of marriage may be either uncontested or contested. If the divorce is uncontested, both spouses must agree on all issues of marital property, assets and debts, and issues relating to child custody. They must then sign a “marital settlement agreement” and attend the final divorce hearing. If the divorce is contested, it means that the spouses cannot or will not agree on matters of the division of assets and children.
In contested cases, both spouses will go to trial in front of a judge who will decide all issues in the case, such as how property, assets, and debts will be distributed fairly, as well as matters regarding child custody, alimony, and child support. For either type of divorce, contact us to speak with a Gainesville attorney to effectively handle every aspect of your case.
