During this very emotional time you need an attorney who will stand by your side and have your best interest at heart. There are a few things everyone thinking of divorce must understand in the state of Florida.
In Florida there are two types of divorces (dissolution of marriage), contested and uncontested. You can basically get a divorce just by asking; there is not much to prove other than the marriage is “irretrievably broken”. While it is rare, a judge can order a couple into counseling before granting a divorce. Things you do have to show that at least one of the parties to the divorce proceeding has lived in Florida for at least six consecutive months immediately prior to filing of papers for a divorce, financial affidavits, division of property, division off debts, alimony (or waiver of alimony and all other issues that may pertain to a particular matter. Usually a contested divorce will have more matters to deal with than a non-contested divorce.
Most people want to go through a divorce with as little aggravation or headaches as possible, especially if there are children involved. Having an uncontested divorce, is where both parties have agree on how any marital property will be divided, debts included but most importantly are the different aspects of taking care of the child or children.
Concerns regarding the children that must be address are timesharing (who will have the child on what days, holidays etc.), who will cover the medical insurance and life insurance for each parent. Life insurance for each parent should be carried with the other parent being beneficiary so that the child or children will have the continued support for a good healthy life should something happen to either parent. Having an uncontested divorce is usually less expensive.
In a contested divorce, mediation is now required to settle disputes prior to getting in front of the judge. This is an expensive process for many couples, but it is a much needed process. Having a third party (mediator) provide a way to compromise and communicate when all other communication has failed is very valuable to the divorcing parties. A good mediator can help people refocus on the issues that need to be settled and help the parties work out their own resolution rather than a judge making the choices for them. The judge does not understand the family dynamics like the two people involved in the case. So, if you are faced with mediation remember it is a chance to be in control of the outcome for your family.
Having an attorney who understands the value of family is extremely important. The dynamics of the family may change but the roles as parents do not. Contact 850-225-5563 for a free consultation and for the legal help that is needed to have a successful divorce.