If a divorce is unable to resolve at mediation, it must proceed to trial as there are only two ways to resolve a divorce case, either the parties reach a resolution, or the judge resolves it for you. Trial is a lengthy and contentious process that typically takes at least a year. While trial is necessary in some cases, it is an expensive and lengthy process that is not for the faint of heart. If you are proceeding to trial, it is important to discuss the potential outcomes at trial and how the judge assigned to your case has ruled in the past on similar issues with your family law attorney.
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- What is the timeline for divorce in Florida? | Divorce Lawyer | DeWitt Law.
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Contested Divorce in Florida. An uncontested divorce does not require an attorney. State laws differ about the process of uncontested divorces, but the basics are very similar across the country. Uncontested Divorce Process The first step in the uncontested divorce is to draft a Marital Settlement Agreement, or divorce settlement agreement.
This document will divide couples assets, property and debt between the two parties. If children are involved it may also include child custody and child support arrangements. After the Marital Settlement Agreement is agreed upon, one of the spouses needs to file an official Complaint for Divorce with the court in their county or state.
After the Complaint is filed with the court, the papers must served to the other space.
This can occur quickly, within days or a week of filing the paper. The non-filing spouse has 35 days to respond the complaint. Based on your responses, it sounds like you might need some more time to decide whether divorce is the right solution for your family. Our blog offers a wide range of resources for all stages of relationships. Contemplating Divorce? Our online divorce solution could save you thousands.get link
Filing for Divorce without an Attorney
Take our short quiz to see if you qualify. Florida defines non-marital property as: Property acquired before you were married, as well as any property that you receive in exchange for that property. Property acquired by gift from people other than your spouse, or inheritance, as well as any property that you receive in exchange for that property. Any income you earned from your non-marital property during your marriage, unless that income was used or relied on as marital property.
Any property you and your spouse agree to leave out of the discussion. Any debt that resulted from you or your spouse forging the signature of the other — this debt will be the responsibility of the person who committed forgery, unless the other spouse later OKed the debt.
Florida Divorce FAQs | DivorceNet
Does Florida require mediation before a divorce is granted? How does the state determine child custody? The love and affection between your child and each of you. The permanence of the family in the home where your child might live. Any evidence that you or your spouse knowingly gave false information to the court regarding domestic violence. Any evidence of domestic violence or child abuse. Anything else the court might consider relevant.
How Long Does It Take to Get a Divorce in Florida
How does the state calculate child support? Which of you should be allowed to claim your child as a dependent with the IRS. Whether the guidelines mean you or your spouse is paying more than 55 percent of your gross income for child support. Any reasonable existing expense or debt. How does the state determine and calculate alimony?
In determining an alimony award, the court will consider: The standard of living established during your marriage How long you were married. How long it might take for you or your spouse to get the education or training necessary to find a job. What each of you contributed to your marriage, including caring for your home or children and supporting the education and career of the other. Is there a waiting period before remarriage in Florida?
No, you are free to remarry after the court delivers the final judgment ending your marriage. Are you currently thinking about divorce?