Divorce Lawyers

Simplified Dissolution

To attain a Simplified Dissolution of Marriage in Florida, the following requirements must be met:

• The parties do not share any children under the age of 18, adopted or otherwise, and the Wife is not currently pregnant;
• The parties agree on the division of the mutual debts;
• The parties agree on the division of mutual assets;
• The parties agree that the marriage is not salvageable;
• One party has lived in the State of Florida for at least 6 months before filing for divorce;
• Neither party is seeking spousal support (alimony);
• Both parties are willing to give up their rights to trial and appeal the Final Judgment.

Simplified Dissolution is, generally, for those couples who would like to end their marriage quickly and do not wish to involve attorneys. Both parties will need to agree to go to the Clerk’s Office and sign the Petition and must each attend the Final Hearing in front of the Judge.

Uncontested Divorce

An Uncontested Divorce is a much simpler process than a contested divorce. The parties are in general agreement about handling the division of property and time-sharing with the children. However, it is best to get an attorney to draft the appropriate documentation as parties to an uncontested divorce will still need to address the following issues:

• Jointly titled property which will need to be untangled (oftentimes, Quit Claim Deeds will need to be drafted, executed, and filed with the appropriate authority);
• Child Support and accompanying documentation (ex. Income Deduction/Withholding Orders);
• Parenting Plans which outline specific time-sharing arrangements and division of labors where the children are concerned;
• Alimony.

Contested Divorce

A Contested Divorce is when the parties have not agreed on issues such as alimony, equitable distribution, child support, or time-sharing.
In Florida, parties to a Contested Divorce will need to participate in financial disclosure referred to as Mandatory Disclosure. As part of Mandatory Disclosure, each party will need to provide a Financial Affidavit as well as statutorily enumerated financial documents.

Although both parties must participate in Mandatory Disclosure, each party may also ask for additional documentation and/or information pursuant to the appropriate rules of Discovery. Discovery may take many forms including, Requests to Produce, Depositions, Interrogatories, and Requests for Admissions. A seasoned attorney best conducts discovery.

In a Contested Dissolution proceeding, either party may Motion the Court for Temporary Relief. This tool is most often used by a party when they are seeking for the Court to make a preliminary determination about issues such as alimony, child support, time-sharing, and attorney’s fees, that they feel cannot wait until the divorce is finalized. It is important to note that a Judge’s preliminary determination in a Temporary Relief hearing may differ from the Judge’s ruling at Final Hearing.

Additionally, Mediation is a required prerequisite to get to Final Hearing in most counties in Central Florida. In fact, most local Judges will not schedule your trial unless you can assure the Court that you first attempted to work out your differences at mediation. The Court will typically require both parties to a divorce to attend either private mediation or mediation with Court Mediation Services in your local courthouse. Mediation should be attended by both parties, their respective attorneys, good faith, and an eye towards resolution. It is possible to resolve some aspects of your divorce at mediation while reserving the right to bring the remaining issues before the Court at Final Hearing.

Most Contested Divorces resolve through negotiations and/or mediation. However, if parties to a Contested Divorce are unable to agree on some, or all, of their issues, a Trial or Final Hearing will be conducted by the parties and their attorneys to present the relevant evidence and law to support their respective positions. Thereafter, the Court will issue a Final Judgment making the final determinations as to all issues the parties were unable to work themselves out.