Judy-Ann Smith Law Firm, P.A
Ending a marriage and moving forward independently changes everything. It is also challenging on a practical level, particularly when it comes to dividing your real estate, savings, and debts, or coming up with a parenting plan. A divorce brings up a number of questions that you and your spouse may not agree on, even though you thought you would.
Whether you and your spouse are mostly on the same page or you are already part of a contentious situation, you will benefit from working with an experienced and trusted divorce attorney. Getting a divorce is always a complicated process, and a lawyer can be there to guide you through the court system while protecting your rights and fighting for your future happiness and success. Call an experienced divorce lawyer from Judy-Ann Smith Law Firm, P.A or contact us online to setup a free consultation.
Types of Divorce
All divorces eventually result in the end of your marriage. Beyond that, no two divorces are the same. Every situation is slightly different, beginning with the type of divorce you are going through. At the most basic level, you have either a contested divorce or an uncontested divorce.
During a contested divorce, you and your spouse either do not agree to end the marriage or you do not agree on one or more of the divorce-related issues, such as property division, alimony, or child custody. Contested divorces can take many years to fully resolve.
An uncontested divorce is when you and your spouse agree on the major issues. It typically moves faster and may be completed within one year.
Grounds for Divorce in Florida
There are several grounds for divorce in Florida. You can go through an at-fault divorce or a no-fault divorce. An at-fault divorce is brought based on allegations that one spouse caused the end of the marriage for a specific reason. Florida law outlines the available reasons you can use for this type of divorce. You may allege that your spouse:
• Abandoned you and the family for more than one year
• Committed adultery
• Made life unbearable or intolerable for you
• Treated you cruelly
• Married someone else before you two were divorced
Most individuals, however, go through no-fault divorces. For a no-fault divorce, you can file based on:
• Mutual consent
• Irretrievable breakdown
The course of your divorce may vary greatly depending on the grounds for the divorce. Before you decide what to base your divorce on, speak with a divorce attorney. If you go with an at-fault divorce, you will need to prove your allegations. If you can divorce based on mutual consent or irretrievable breakdown, you may be able to avoid a time-consuming and difficult process.
Filing for Divorce
Not every court has jurisdiction over you and your marriage. You need to speak with an attorney and review the Florida divorce residency requirements before deciding on when and where to file. At a minimum, you or your spouse must have lived in Florida for at least six months. Then, you would need to file in the appropriate court in the county where you or your spouse lives.
Deciding when and where to divorce is not all about the rules. Just because you can file for a divorce in a certain place right now, does not mean you should. You may benefit from waiting to file for divorce or by filing in one relevant jurisdiction over another.
To learn more about jurisdictional issues and strategy in regard to your divorce, contact Judy-Ann Smith Law Firm, P.A divorce lawyer today.