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Divorce

Divorce

We understand that the divorce process can be complicated and stressful, and it can put tremendous strain on an entire family — emotionally, physically and financially. It is a turbulent time for couples and families, and the process itself is often confusing and tiring.

 

However, with the involvement of our experienced attorney at the Law Office of Jamile Moraes Pellicer, P.A., you can gain peace of mind knowing that the legal aspects will be handled properly, so you can focus on personal issues. We are here to take that worry of your plate, with honesty and understanding. Our experienced team works fast and we provide a fast turnaround time on all aspects of your case, from retention to filing, to the final hearing.

 

There might be several factors that affect the amount of time before a divorce can be finalized.

 

We can help you with answers to questions like:

 

  • How long will the divorce process take?
  • My spouse is abusive, how can I protect myself and my children?
  • What if I can’t locate my spouse?
  • Do I have to appear before a judge?
  • Can my divorce be settled outside of court?
  • Will I get custody of my kids? Will it be shared evenly?
  • How can I make sure our property is divided fairly?
  • We have been separated for years. What happens if we want to get divorced now?
  • Will I pay or receive alimony?
  • Will my children receive child support?

 

Uncontested Divorces

 

In an uncontested divorce, you and your spouse reach a common agreement about all of the issues in your divorce, up to and including:

 

  • How you will share or divide custody, parenting time, and parental responsibilities;
  • The amount and duration of any child support;
  • The amount and duration of any spousal support (alimony);
  • The division of all property, and;
  • The division of all debt.

 

Once you’ve reached these agreements, there is no need to go to court and argue before a judge. Instead, you file certain forms with the required court and something called a “divorce settlement agreement” that details the agreements you’ve made about how you want to divide your property and debts, what your custody arrangements for your children will be, and whether support payments, if any, will change hands.

 

Your settlement, and your final divorce, will have to be approved by a judge, which shouldn’t be a problem. The judge will usually approve a settlement agreement unless it’s clear that the terms are completely unfair to one person or were arranged when one person was under duress. As soon as the required time period (set by state law) has elapsed, the divorce will be final.

 

Not every uncontested divorce is the same, and not every uncontested divorce runs smoothly. The process is simplest when a couple has no minor children and few assets, including no real property — such as homes or rental properties. It also works best if each spouse is self-supporting or clearly capable of easily becoming self-supporting.

 

Can Couples with Minor Children or Substantial Assets Have an Uncontested Divorce?

 

Couples with minor children or substantial assets will generally be able to proceed through an uncontested divorce if they are able to agree on all of the major issues listed above. A couple that has minor disagreements in one or two areas may still be able to avoid a contested divorce in court, but they will need to negotiate with each other until they have reached a complete agreement. If they are able to communicate well, they may be able to negotiate directly. If this is not feasible, couples can seek the help of a mediator for help in resolving any disagreements. They can also negotiate through attorneys, although this option will often increase their costs.

 

What is a Simplified Divorce? 

 

In Florida, divorce is legally known as “Dissolution of Marriage.” A “Simplified Dissolution Procedure” is a procedure couples can use to get divorced in Florida if they have no other issues for the court to decide. Which means that other than their divorce, there are no children and no property to be divided.

 

Can I get a simplified divorce?

 

You may be able to get a simplified dissolution of marriage if you and/or your spouse have lived in Florida for at least 6 months, and if all of the following statements apply to you:

 

  • You and your spouse agree that the marriage is “irretrievably broken” and cannot be saved;
  • You and your spouse have no minor or dependent children together (whether they were born before your marriage, during your marriage, or after you were legally separated) and neither of you is now pregnant;
  • You and your spouse have worked out how the two of you will divide the things that you both own (your marital assets) and who will pay what part of the money you both owe (your marital liabilities);
  • You accept that you will lose your property if your spouse does not follow through with your agreement to divide your property;
  • You do not want support (alimony) from your spouse and your spouse does not want support from you;
  • Neither you nor your spouse wish to have any financial information other than what is in the financial affidavits;
  • You are willing to give up your rights to trial and appeal;
  • You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together);
  • You and your spouse are both willing to go to the final hearing (at the same time).

 

Difference between Uncontested Divorce and Simplified divorce?

 

Similar to an Uncontested divorce, a Simplified Divorce can be filed if the parties are in agreement as to the terms of asset and/or liability division of property. However, unlike an Uncontested Divorce, in order to qualify for a Simplified Divorce, the parties must have no Minor Child(ren), neither party must be pregnant, and neither party may seek alimony or financial support from the other. As with Uncontested Divorces, if the Parties qualify for a Simplified Divorce in accordance with the abovementioned requirements, this is another cost-effective form.

 

Trust your divorce to the Law Office of Jamile Moraes Pellicer, P.A. Our team is committed to helping people reach resolutions that they wouldn’t otherwise achieve without dedicated legal representation.

 

Divorce, whether contested or uncontested or simplified, can be emotionally traumatic for all parties.

If your marriage has collapsed and you are ready to move on, call us now to schedule your Strategy and Planning Session today.

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