The idea of filing for divorce can be stressful. While you know that your marriage is no longer sustainable, ending the legal relationship with your spouse might be scary and confusing, especially if there are children involved. At the Law Office of Joan Berry Nassar, P.A., I am a Florida family law attorney who guides you through the divorce process from start to finish, keeping you well-informed every step of the way.
In order to file for divorce in Florida, one of the two parties must have lived in the state for at least six months prior to filing. This requirement can be waived if you are in the military and are out of the state at the time you wish to file. When you file for divorce, it must be done so in the county where you or your spouse last resided as husband and wife.
Florida is a no-fault divorce state, which means that most divorces are granted because the marriage is irretrievably broken. You do not have to allege that your spouse committed adultery or any other type of misconduct.
The initial consultation with a divorce lawyer allows you the opportunity to ask questions and get a knowledgeable perspective on the marriage dissolution process. Some questions you might consider asking include the following:
Each situation is different, but learning the answers to these questions should give you a good overview of how a divorce attorney works.
Uncontested Florida divorces can be completed quickly, sometimes even in 30 days, depending on the court’s hearing schedule. However, divorces that go to trial can take anywhere from one year to 18 months or more. A litigated divorce might proceed as follows:
Every divorce has unique elements which will affect how long the legal proceeding will last.
Whether or not you can obtain a quick resolution to a contested divorce depends on various factors. Spouses with children and/or high net worth marital estates might require more time. Cases where domestic violence is alleged might be difficult to settle outside of court. Divorces following long marriages are more prone to complex disputes over property division and alimony.
This is an important question where both options have pros and cons.
Pros: The divorce lawyer has spent years studying Florida law and procedure. In the courtroom, the attorney has experience and knows how to conduct himself/herself. You don’t. Do you know the evidence you need to present so that the judge has the facts needed to make a decision? Do you know how to introduce a document into evidence? Do you know how to make an effective legal argument?
Cons: The attorney will charge you a fee for the time spent rendering legal services. However, you should remember that most of the time when you seek legal advice AFTER you get an adverse ruling by representing yourself, the attorney cannot fix it.
What are your options?
You can learn more about these processes on this website.
The Law Office of Joan Berry Nassar, P.A. in Melbourne represents Florida spouses in divorces and related proceedings. Please call 321-405-0042 or contact me online for a consultation.