|
DIVORCE:
Divorce can be a very difficult process for all
parties involved including family members and
loved ones. What was once your wedding day and
happier times has resulted in those once in love
going their separate ways. At The Robinson Law
Group we sympathize with our clients, realizing
Divorce is not an easy process. Our firm prides
itself on explaining dissolution of marriage
thoroughly and helping our clients with this
difficult and emotional process. |
| |
|
OVERVIEW: In
Florida Divorce is legally referred to as
“Dissolution of Marriage.” The state of Florida
has abolished fault as a ground for Divorce.
This ultimately lessens the harm and the effect
the process of Divorce may have had on the
family, and most importantly the children. In
Florida, either spouse can file for dissolution
of marriage with one party most commonly
claiming the marriage is “irretrievably broken”
which although obscure is enough to proceed. All
that needs to be proven is that a marriage
exists, the marriage is broken, and one party
has been a resident of Florida for a minimum of
six months. Although not necessary to prove for
Dissolution, fault in certain circumstances, may
be considered in the determination of custody
and alimony when appropriate. |
| |
| Every
dissolution case has different circumstances and
therefore settlements vary. Issues such as
division of property, possessions, alimony and
child support may become contested matters. Even
with fault being abolished as grounds for
dissolution, the process is nonetheless
emotional and traumatic for everyone involved.
Parties to a marriage often are unaware of legal
rights or obligations they may face as a result
of a Divorce. At The Robinson Law Group we offer
a FREE CONSULTATION to answer some of the
difficult questions you may have. Call us today
at 1-877-LAW-CALVIN and allow us to explain the
complex issues which may encompass your divorce. |
| |
| While a
dissolution of marriage can be filed pro se (by
oneself) there are advantages to hiring an
attorney. Rules of court require procedures to
strictly be followed and failure to follow such
rules could detrimentally affect your claim. An
attorney can also explain your individual
rights, your children’s rights, your property
rights, your responsibility for marital debt and
analyze your situation and what is in the best
interest of you and your family. |
| |
| In
Florida there are generally two ways in which to
obtain a Divorce being Regular Dissolution of
Marriage or a Simplified Dissolution of Marriage |
| |
|
REGULAR DISSOLUTION OF MARRIAGE:
The regular dissolution
process begins with a petition for dissolution
of marriage, filed with the circuit court by the
husband or wife, which states that the marriage
is irretrievably broken and sets out what the
person wants from the court. The other partner
must file an Answer within 20 days maximum,
addressing the matters within the initial
petition and raising issues the answering party
desires. |
| |
| Court
rules governing divorces require that each party
provide certain financial documents and a
completed financial affidavit to the other party
within 45 days of the service of the petition or
before any temporary relief hearing. The extent
of the information to be provided depends on the
annual income and expenses of each party.
Failure to provide this information can result
in the court dismissing the case or not
considering that party's requests. The parties
or the court can modify these requirements
except for the filing of a financial affidavit,
which is mandatory in all cases. |
| |
| Some
couples agree on property settlements, child
custody, and other post-divorce arrangements
before or soon after the original petition is
filed. They then enter into a written agreement
signed by both parties that is presented to the
court. In such an uncontested case, a divorce
can become final in a matter of a few weeks. |
| |
| Other
couples disagree on some issues, work out their
differences, and appear for a final hearing with
a suggested settlement to be accepted by the
judge. |
| |
|
Mediation is a procedure to assist you and your
spouse in working out an arrangement for without
a protracted process or a trial. Its purpose is
not to save a marriage, but to help divorcing
couples reach a solution to their problems and
arrive at agreeable terms for handling their
dissolution. Many counties have mediation
services available; some are mandatory. |
| |
| Some
couples cannot agree on much of anything and a
trial, with each side presenting its case, is
required. In this case the Judge makes the final
decision on the contested issues. |
| |
| The
equitable dissolution process is designed to
make the divorce as fair as possible to both
husband and wife, which usually leads to
negotiation and compromise by both partners. |
| |
|
Attorneys have learned it is unrealistic to
expect both partners to be "happy" with their
divorce. The experience can be emotionally
devastating. The financial upheaval of
supporting two households instead of one causes
hardship for the entire family. The parties,
however, can take steps to make the process
easier for themselves and their children. |
| |
| For a
FREE CONSULTATION contact the family law
attorneys at The Robinson Group at
1-877-LAW-CALVIN regarding your dissolution of
marriage. |
| |
|
SIMPLIFIED DISSOLUTION OF MARRIAGE:
Certain Florida couples are
eligible to dissolve their marriage by way of a
simplified procedure. These dissolutions are
"do-it-yourself" and were designed so the
services of an attorney may not be necessary.
Couples are responsible, however, for filing all
necessary documents correctly, and the couple is
required to appear before a judge together when
the final dissolution is granted. If you desire
the services of an attorney for this dissolution
process, usually it can be completed relatively
inexpensively. |
| |
| The
simplified dissolution of marriage process is
designed for couples who do not have dependent
children and have agreed on a division of their
property and debts. Therefore, not everyone can
qualify. A husband and wife can use the
simplified dissolution of marriage only if: (a)
they both agree to the use of this form of
dissolution proceeding; (b) they have no minor
or dependent children under 18; (c) have no
adopted children under the age of 18; (d) the
wife is not pregnant; (e) at least one of the
parties has lived in Florida for the past six
months; (f) the parties have agreed on the
division of all of their property (assets) and
obligations (debts); and (g) both parties agree
that the marriage is irretrievably broken and
want to end their marriage because of serious
permanent differences. Couples wanting to use
the simplified process must meet all these
conditions. If not, they must use the regular
dissolution of marriage process. |
| |
| There
are substantial differences between a simplified
and a regular dissolution of marriage. In a
regular dissolution, each spouse has the right
to examine and cross-examine the other as a
witness, and to obtain documents concerning the
other's income, expenses, assets and liabilities
before having a trial or settlement of the case.
With a simplified dissolution, financial
information may be requested but it is not
required to be given. In a simplified
dissolution there is no trial and no appeal. In
addition, with a simplified dissolution neither
the husband nor the wife can receive alimony or
support from the other. |
| |
| If the
husband and wife agree on a dissolution and
prefer to use the simplified form, they should
both contact the clerk of the circuit court in
their area and obtain a copy of the booklet
titled "Simplified Dissolution Information" for
more detailed information and forms. |
| |
|
ATTORNEYS' FEES AND COSTS:
Divorce does NOT have to be
expensive. Each case varies depending on the
issues and/or the complexity of the claim. At
the Robinson Law Group we are happy to offer
potential clients a FREE CONSULTATION to discuss
their Divorce. We work with our clients to make
retaining an attorney affordable and offer
payment plans to make representation a reality.
Feel free to call our attorneys 24 hours a day 7
days a week at 1-877-LAW-CALVIN to discuss your
claim. |
| |
|
|
| |
|
Disclaimer:
The hiring of a lawyer is an important decision
that should not be based solely upon
advertisement or a webpage. Before you decide,
ask us to provide you free written information
about our firms qualifications and experience.
Please be advised that no communication
resulting from your use of this website will
create an attorney-client relationship. In order
to create an attorney-client relationship |
