Untying Knots: Getting the SKINNY on Divorce in Florida

Divorce can be a challenging and emotional process, but it can be easier! Having an attorney that you can trust to fight and get you the resolution you want will give you some peace of mind. Understanding the different types of divorce available in Florida can also help calm your nerves about the process. Whether you're considering divorce or simply want to know more, here’s an overview of the types of divorce you may encounter in the Sunshine State:

1. Simplified Dissolution of Marriage: This type of divorce is available to couples who meet specific criteria, such as having no minor children, no ongoing financial disputes, and both spouses agreeing on the division of assets and debts. It’s typically a quicker and more straightforward process compared to regular divorce proceedings.

2. Regular Dissolution of Marriage: For couples who do not qualify for a simplified dissolution, a regular dissolution of marriage is the standard route. It involves filing a petition for divorce with the court, where issues such as child time-sharing, child support, alimony, and division of assets and debts will be addressed. This process may require negotiations, mediation, or even court hearings to resolve disputes.

3. Collaborative Divorce: In a collaborative divorce, both parties work with their respective attorneys and other professionals, such as financial advisors or therapists, to negotiate a settlement outside of court. This approach emphasizes cooperation and aims to minimize conflict, offering more control over the outcome to the divorcing couple.

4. Contested Divorce: When spouses cannot agree on key issues like child custody, division of assets, or alimony, a contested divorce may result. This often leads to litigation where a judge will make decisions on behalf of the couple. Contested divorces tend to be more adversarial and can be lengthy and costly.

5. Default Divorce: If one spouse fails to respond to the divorce petition within the specified time frame (usually 20 days in Florida), the court may grant a default divorce. This means the divorce proceeds without the non-responsive spouse’s input, although they may lose the opportunity to contest terms like child "custody"/time-sharing or asset division.

Key Considerations:

•  Residency Requirements: At least one spouse must have lived in Florida for at least six months before filing for divorce.

•  No-Fault Divorce: Florida is a no-fault divorce state, meaning couples can dissolve their marriage without proving fault, citing irreconcilable differences as the reason - in other words, the marriage is irreconcilably broken.

•  Parenting Plans: Florida requires divorcing couples with minor children to create a parenting plan detailing child custody, visitation schedules, and parental responsibilities.

Navigating divorce law in Florida involves a deep understanding of the legal process and the laws that apply to your unique situation. Whether opting for a simplified dissolution or facing a contested divorce, seeking legal advice early can provide clarity and guidance through this challenging process.If you've ben served with a divorce, you should immediately hire your own attorney to represent your interests. Through CD Law Pro's collaborative attorney-client process, we will selecting the approach that best fits your circumstances.

In conclusion, while divorce is rarely easy, hiring an attorney can help you understand your options and their legal implications so that you can make an informed decision and move forward with confidence.

As a disclaimer, this blog post is not to be construed as giving legal advice; for legal advice on how to defend your case please call our office to consult with an attorney

561-370-7406

Chloe@CDLawPro.com