DivorcebyAgreement.com - Florida Divorce Process


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DivorcebyAgreement.com

"Untying the Knot doesn't mean Untying the Family"TM

Florida Divorce Process

Florida is a "no fault" divorce state. What does that mean? Basically, you don't need "grounds" (legal reasons) to get divorced. It's somewhat of a streamlined process.

THE PROCESS

The divorce process depends on the assets, existence of children and possible length of marriage. Yet the following are general concepts in all divorces.

THE PETITION FOR DIVORCE

First a party files a Petition for Dissolution of Marriage. To do so the following requirements MUST be met:

1.      One of the parties must have resided in Florida for at least six months prior to the filing;
2.      The marriage must be alleged to have been irrevocably broken or one party must be mentally incapacitated; and
3.      You must be able to serve your spouse with the divorce papers, or agree to "serve by publication";
4.      If children and/or property is involved that must be dealt with in the petition.

THE FINAL HEARING

At the final hearing, one party needs to testify that the marriage is "irretrievably broken"-in other words, it cannot be put back together through marriage counseling or any other means. Generally speaking, few people ever contest whether the marriage is irretrievably broken. Therefore in most cases you can get a divorce simply by asking for one-there is little your spouse can do about it.

GETTING TO THE FINAL HEARING

Some if not many couples agree on the divorce, have few assets and no children, and can get divorced with little help. But many can't. Financial, Child Support, Spousal Support, Times sharing and other issues need to be resolved. You are subject to court rules and requirements; you potentially have to deal immediately with your lawyer and your spouse/ex spouse's lawyer; you will have to take time off from work, etc. to deal with court hearings. And in the end, the Court will require you to go to mediation.

So, start with Divorce Mediation where you still have control and input in the process.

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