Kissimmee Divorce Lawyer
Dissolution of marriage is another term for divorce, and, as mentioned, it is the main focus of Draper Law Office’s family law practice. Divorce can often can be confusing and emotional, and it is important to find the right attorney to help guide you through the legal process.
Florida is a no-fault divorce state, which means that a divorce can be based on irreconcilable differences. The divorce may be uncontested or contested. If it is uncontested, it means the details already have been set out in an agreement signed by the parties. If it is contested, one party has issues with the terms proposed by the other party. These terms can include: equitable distribution, alimony, time sharing with the children, child support, parental responsibility, and other matters. Based on these terms, getting the right details settled for a divorce is clearly an important issue that impacts you and your family for years to come. The Kissimmee divorce lawyers at Draper Law office can help you through this process and make sure the terms are settled in a way that works for the parties and their children.
To learn more about your legal rights during your dissolution of marriage case, contact us today online or on the phone at 866-767-4711. We proudly serve the greater Central Florida area with offices located in Kissimmee, Orlando and St. Cloud, and we look forward to working with you to settle your divorce terms as quickly and painlessly as possible.
Florida Divorce Law
Divorce is termed “dissolution of marriage” in Florida. For the purposes of this article we will use the term “divorce” for the sake of brevity, but be aware that the term “dissolution of marriage” is the legal term used in Florida.
Like many other U.S. states, Florida has done away with fault as the grounds for divorce.The only divorce requirement is for one spouse to prove the marriage has been irretrievably broken. There must be proof that the marriage exists, at least one of the spouses has resided in Florida for at least six months prior to the time the petition is filed, and the marriage must be irretrievably broken. However, under certain conditions, the reason for the breakup of the marriage may be taken under consideration in the determination of equitable marriage asset distribution, alimony, and parenting issues.
Every case has unique circumstances, consequently the outcome will differ between cases. The outcome of a divorce will include, but not be limited to, asset and debt division, awards of support (alimony and child support), and a myriad of possible parenting issues.
The divorce process can be extremely traumatic and emotional for the spouses and their offspring as well. Frequently, spouses are not aware of their legal obligations and rights. Judges and court clerks may be able to answer some very fundamental questions, but they are not able to give legal advice. To get accurate and detailed information and options you should get in touch with one of the family law lawyers at Draper Law. One of our attorneys can give you full legal advice. There are court rules and statutory requirements that must be strictly adhered to, or it’s possible that you could lose some rights permanently.One of our qualified attorneys will be able to make an analysis of your unique circumstances and assist you in making decisions that are in your best interest.
Florida Collaborative Law
People who want to divorce amicably, with professional help, may want to look into the collaborative marriage dissolution process.
Collaborative law involves the resolution of disputes in a voluntary manner and it can commence at any point in time prior to, or subsequent to the filing of a divorce petition in court. In the collaborative process both spouses and their lawyers sign an agreement called a “collaborative participation agreement”. This agreement has a description of the scope and nature of the matter. Both spouses will disclose all material information that is relevant. The negotiations are carried out in good faith and neutral financial and mental health professions may be engaged to help with the negotiations.
The goal of this process is for both spouses to enter into a settlement agreement. The agreement will address all outstanding issues. These issues could include a division of debts and assets, a parenting plan, child support, alimony, and legal fees. If the collaborative process turns out to be unsuccessful, the attorneys must be discharged and a contested divorce proceeding must be commenced.If you are interested in pursuing this avenue, contact one of our collaboratively trained attorneys at Draper Law.
Dissolution Proceedings Via The Court
There are two methods for filing for divorce within a Florida court. The most frequently used method is termed a regular divorce or dissolution of marriage. The other way is called a simplified divorce or dissolution of marriage.
The regular divorce process commences with a divorce petition that is filed in the court within the county where the spouses last cohabitated with, or in a county in which either spouse currently resides. A divorce may be filed by either spouse. The spouse who is the petitioner must make an allegation that the marriage is broken irretrievably. The petition lays out all the things the petitioner desires from the court. The second spouse will be served with the petition and is required to answer within a twenty-day time period, from the date they are served. They must address the issues that are in the petition and they have the option of including a counter petition for divorce, bringing to light any other issues they wish to address in court. There is much more involved with a regular divorce than is written here. This content is for informative purposes and is not intended to be legal advice. Contact one of our Kissimmee divorce attorneys for more complete information.
There is a procedure whereby some couples can terminate their marriage in a simpler fashion. This kind of divorce was created so that a lawyer may not be needed. The couple will be responsible for filing all necessary documents properly, and both spouses must appear together before a judge prior to the time a final divorce is granted.
Contact Our Experienced Kissimmee Divorce Lawyers Today
Call our Kissimmee divorce lawyers now at 866-767-4711 or contact one of our attorneys through the online contact form.