Florida is a no-fault state, meaning neither spouse needs to prove fault to file for divorce. In Florida, divorce is referred to as dissolution of marriage. There are two types of dissolution of marriage in Florida: regular and simplified. Both require at least one of the spouses to be a Florida resident for 6 months prior to the filing of the petition.
A regular divorce or dissolution of marriage occurs when there are minor children involved and one or both of the spouses disagree on the terms of the dissolution. It is also referred to as contested divorce or dissolution of marriage. A simplified divorce or dissolution of marriage takes place when there is a complete agreement between the spouses as to terms of the dissolution; no minor children are involved, and the wife is not pregnant; neither spouse wants alimony and both spouses waive their right to a trial. It is referred to as uncontested divorce or dissolution of marriage.
A regular dissolution of marriage is generally highly contested due to the disputes between the spouses involving child custody and support; parenting plans and time sharing; spouse alimony and possible parental relocation. Mediation is highly recommended as one avenue to resolve the disputes between the parties with the assistance of a mediator, who is an impartial party in the process. The benefits of mediation are lower costs which are usually shared by both parties; confidentiality of the information exchanged, and the presence of a neutral mediator who helps both spouses in reaching a common and mutually beneficial understanding.
Divorce or dissolution of marriage constitutes a small part of the variety of issues involving Family Law, which is a very complex and detailed are of the law. Other common issues involve pre-nuptial and post-nuptial agreements, marriage, civil unions, domestic partnerships, annulment, legal separation, alimony, child support, time sharing, parenting plans, paternity issues, adoption, surrogacy, post judgment modifications. Most of these issues, if not all of them, are highly stressful and deeply affect all family members. This is one of the reasons it is so important to seek advice from a competent attorney, who can assist and counsel you through each and every step of the process. Contact attorney Marjorie Brunelli for a consultation, and to determine the best way to protect your rights, and your family.
