A common misconception about divorce is it cannot acquire without fighting a legal case in a court of law. The truth is that a couple can work out all the details of their separation without stepping inside a court. They will, however, need to approach a court as a judge is required to sign the divorce decree and to make the separation legal. There are various ways that partners can use to get divorced in Florida.
They have the option of choosing an entirely court-based process or one which does not require the active participation of a judge for the majority of the time. In case, you are heading for separation from your partner, and you must read about the following processes and then approach any of the top divorce attorneys in Florida to know more about a preferred route.
1. Opting For Simplified Dissolution Of Marriage
A couple can approach a court and ask for a simplified dissolution of their marriage if they fulfil certain conditions. First, they must not have any children with each other. The wife must not even be pregnant at the time fo filing for separation. Then the partners must be in complete agreement over how they will divide the assets. A verbal acknowledgement of the deal is not enough, and they must provide a written declaration containing all details of their property and finances.
They must also provide a property settlement agreement which outlines how they plan to share the asset. Even people with no property have to give this declaration. Both partners must be present at the final hearing of their case. If you and your spouse fulfil all these conditions, you must approach the court clerk of your location to know about the forms you need to fill.
2. Contested Divorce When Both Parties Are Not In Agreement
A contested divorce takes place when both parties are not in agreement over the divorce itself or any other issue related to the separation. When you take this route, most counties in the sunshine state will ask you and your partner to go through the mediation process first. The idea is to get both sides to move towards an uncontested divorce, which we will discuss in the next step.
However, if you and your spouse fail to agree to use the uncontested process, you will need to submit your case for trial. Be careful as you will need to hire a lawyer for the purpose which can be an expensive proposition. For instance, you will have to hire a divorce attorney in Fort Pierce if you live in that city. The professional will then present your point of view to a judge or magistrate. Remember there are no juries involved in marriage dissolution hearings in Florida.
3. Choose Uncontested Divorce At Any Time
An uncontested process is probably the best way for married people to get divorced in Florida. This method can be used by people who did not qualify for simplified dissolution for any reason. However, just like the simplified method requires, they must be in complete agreement on all significant issues. This process will be useful for couples who have children or a lady who is pregnant while she is looking to separate amicably from her partner.
Even a contested procedure can be converted into an uncontested process once both parties reach a settlement during mediation. It is also a cost-effective method as lawyers may not be required as the parties concur on critical issues.
4. Avoid Litigation By Using Collaborative Divorce
Collaborative divorce is a new process that allows couples looking for an amicable separation to achieve their purpose without needing to go through litigation. It is an alternative dispute resolution which is sanctioned by Florida family law. It is ideal for people who are in agreement that they will resolve all issues out of court. It’s precisely similar in this regard to the uncontested process.
However, unlike an uncontested divorce, it requires both parties to appoint legal counsels who will cooperatively work to thrash out a suitable arrangement. This is the right approach for people who have children and do not want the separation to impact their offspring significantly.
5. Choose Mediation To Get Divorced
Mediation provides an excellent opportunity to part ways without needing to go through litigation. This is different from the intervention ordered by a judge for parties filing for the contested process. In this, both sides choose the time and place to conduct their meetings. A court is not involved in specifying dates for the sessions.
The judge will be needed only for signing the final decree. There is no legal representative for either of the spouses. A third-party mediator will help them resolve their issues and reach a settlement. However, you must remember that all agreements will formalise only after a judge has signed the decree.
You will now be aware of the processes that can be used to get divorced in Florida. It will be pertinent to consult your partner and select a method which suits the requirements of both of you.