The emotions in such cases often times run high, causing additional problems that could have otherwise been avoided. The first step couples should take is to obtain a divorce lawyer in West Palm Beach. This way, both parties can receive legal advice from a knowledgeable expert and possibly even prevent more harm being done.
In the state of Florida, divorce is called “dissolution of marriage.” This is one of the various states that have abolished fault being a ground for a divorce. What this means is that you no longer have to show fault in order to justify the grounds for dissolution of marriage. All Floridians have to do today is prove to the court that their marriage is irretrievably broken.
Either party can file for a dissolution of marriage. The following are factors that have to be proven in order to proceed with your divorce case:
• That the marriage exists (a marriage license is sufficient)
• That one party has been a resident in Florida for at least six months prior to the filing for dissolution of marriage
• And that the marriage is irretrievably broken
The reason why your marriage is irretrievably broken may be considered when splitting up the marital assets and debts, determining alimony and developing a parenting plan for minor children.
Every case is unique, so the outcomes will vary from case to case. What sets apart one outcome from another includes the division of debts and assets, alimony payments, child support awards and decisions for parental responsibility and time sharing schedule. So there’s no single standard for Florida divorces.
Most Florida divorce cases are traumatic for everyone involved, including the children. This is why it’s imperative to learn all you can about the process and understand what to expect. If needed, counseling should be sought for yourself and children.
Legal advice should be sought from a divorce lawyer in West Palm Beach since judges, court clerks and case workers aren’t allowed to extend legal advice.
The most effective divorces are those that are handled in an amicable manner. This can be done by both parties and their attorneys collaborating together to reach agreements and settlements. In these cases, the parties willingly disclose all relevant and material information to allow the divorce case to proceed quickly. In the event things don’t run smoothly, both parties have to discharge their attorneys and other professionals and start over with a contested dissolution of marriage.
When a divorce is contested, it means that both parties are in disagreement about one or more areas of the case. This could include a proposed parenting plan, alimony and/or child support. It could also be a disagreement about the division of a marital business in a Florida divorce.
Either party can file for the divorce and the other party has to file a response within 20 days of being served. The response can include a counter-petition that contains additional concerns that need to be addressed by the court. In a divorce, it is required that all financial information be disclosed by both parties. This includes financial affidavits, bank statements, pay stubs, tax returns and deeds or titles.
A date for mediation will be set by the court unless you and your spouse agree to a mediator outside of court. During this time, the two of you will attempt to negotiate any disagreements about the dissolution of marriage. If a partial or complete agreement is made, the two of you will sign it. It’s best to have an attorney present before agreeing to and signing any documents since these are legally binding.
If there is an agreement reached, the judge will review the documents and will sign it into order or make adjustments as deemed necessary. If no agreement is reached, then the case will go to a final hearing where the judge will hear both testimonies before making a final decision. Any evidence should be presented at this time to help plead your case. A divorce lawyer in West Palm Beach can be hired to present your case before the judge or general magistrate more effectively.