Divorce has the potential of being stressful and emotionally taxing. If you are considering divorce, or are currently separated from your spouse, The Curry Law Group can help with the process in the state of Florida. We are experienced with the diverse challenges families face today including mediation, divorce, child custody and support, visitation, domestic violence issues, restraining orders, property rights, property division, alimony and the recovery of attorney’s fees.
Types of divorce in Florida
Uncontested divorce – (often called a “simple divorce”) where both spouses agree on all the divorce-related issues. This does not assume the divorce is amicable, but the couple has chosen to make an agreement without the court’s involvement. This option offers the benefits of speed, ease, simplicity, convenience, privacy and a lower cost. Although a lawyer is not required to file a petition or complaint for divorce, many parties considering an uncontested divorce opt to work with an attorney to assist with the process. A simple divorce is not an option for couples with minor children ( under 18), dependent children, or expecting parents. To divorce in Florida, at least one spouse has to have lived in Florida for the past six months. Neither spouse should be seeking alimony.
Contested divorce – where the spouses do not agree on some or all of the issues. Couples often find it difficult or impossible to come to mutually acceptable terms on child custody and support, distribution of assets, allocation of debts, alimony (type, duration, and amount), marital property division, temporary spousal support, and other issues. Mediation is a commonly used process to assist a couple in overcoming the points of contention. In cases where an agreement cannot be reached during mediation, it could fall to the court to make and enforce decisions for the divorcing parties.
The Divorce Process in Florida
The state of Florida will only grant a divorce in two situations (per Statute 61:052):
- The marriage is irretrievably broken. If the other party denies that situation exists, or there is a minor child, the court may require other actions.
- One party is mentally incapacitated.
The legal process begins when one party in the marriage files a “Petition for Dissolution of Marriage” with the local circuit court, which will then serve the petition to the other party. If the parties can agree to terms for an uncontested divorce, and other state requirements are met, the divorce can be finalized without a trial. Failing that, the court hearing process will begin.
This process will include a variety steps including:
- Disclosure of financial income, assets, liabilities and expenses
- Evaluations for legal and physical custody of minor children
- Evaluations of businesses, property, inheritances, retirement accounts and other high value assets
The Curry Law Group has extensive experience in divorce cases, in particular high net worth cases. We will employ our significant team resources to reach a settlement agreement in a timely and economical manner.
Divorce can be a very stressful time. The emotional rollercoaster can take a toll on your judgment. Seek guidance from someone who will look out for your legal rights. Whether you are the one who is initiating the divorce or married to a partner who is, we are here to listen and to guide.
If you are considering or currently going through a divorce, we urge you to obtain legal representation. The Curry Law Group serves the entire Tampa Bay Area and would like the chance to represent you. Contact The Curry Law Group today.