Dissolution of Marriage:

Some dissolutions of marriage are simple and some are more complex, it all depends on a variety of factors including whether you have kids as part of the marriage or whether your spouse adopted your kids from a previous marriage, whether you bought a home together or shared in expenses as well as any agreements before or during you marriage such as prenuptial and postnuptial agreements.

Alimony is always a concern for spouses who stayed at home to care for the home and the children and now find themselves without an income or the breadwinner in their household.  Alimony is a two way street, just because you are the male in the relationship it doesn’t mean you are not entitled to alimony in Florida.

In Florida you don’t have to show that the other party was responsible for causing the divorce whether it’s because they were cruel or because they cheated, it is enough to want a divorce.  In Florida the term is “irretrievably broken”, and one spouse can file it without more reasons than that.

We find that most people going through a divorce find it simple and amicable at first, but that it becomes more challenging as the reality of signing divorce papers and attending hearings and agreement on payments become clearer to the parties.  Finding the right attorney to help you get through this complicated scenario is more favorable than having more communication with your divorce or divorcing spouse.

What we do is help you communicate with your divorcing spouse without the emotions involved in a divorce, child custody and separation of marital property.  We guide you to help you make the best decisions that will favor you in this process while especially looking out for the best interest of the children.

Give us call today at (786) 454-2411 and let us answer your most concerning questions, our consultation is free.  In addition, we offer unbundled legal services which makes it more affordable as you go through the process.

Types of divorce in Florida

(call us so we can clarify these, we understand that sometimes the legalese used by the courts can be difficult to understand).

The following was taken from the official court pages found at http://www.flcourts.org/core/fileparse.php/533/urlt/901b3.pdf):

DEFAULT.

If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may contact the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED.

If your spouse files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may contact the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED. If your spouse files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If your spouse files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).