In the State of Florida, dissolution of marriage is an action to terminate a contract of marriage and is used as another term for divorce, although there are different types of dissolutions depending on the circumstances of each case. Because Florida is a no-fault divorce state, there is no need to prove that one of the spouses is at fault for the failure of the marriage. If one or both of the spouses wish for a dissolution of marriage, they simply need to state that their marriage is irretrievably broken. This means that for whatever reason the couple can no longer get along well enough for the marriage to continue.
Although fault is not considered for divorce, it is considered for certain aspects that are imperative to a divorce such as alimony, distribution of assets, and child support. Divorce is never easy and can be a strain on emotions, time, and finances. At The Law Office of Silverman, Mack & Associates, we can provide you with a divorce attorney Gainesville, FL, residents can rely on to help them through the divorce process.
Filing for Dissolution of Marriage
Either spouse is able to file for divorce in Florida without the need for the other spouse to agree to it. However, if the couple have children and one of the spouses does not agree to the divorce, the divorce won’t be denied but it may be delayed in order for the spouses to first attend counseling. To be granted a divorce, one of the spouses must file a ”dissolution of marriage” form for the county in which they reside. In order to file for divorce, a residency of six months in Florida is required. The papers will then be delivered to the respondent spouse who will need to file a written response to the papers with the clerk of the court.
Dissolution of marriage may be either uncontested or contested. If the divorce is uncontested, both spouses must agree on all issues of marital property, assets, debts, and issues relating to child custody such as a parenting plan. They must then sign a “marital settlement agreement” and attend the final divorce hearing. If the divorce is contested, it means that the spouses cannot or will not agree on the division of assets and matters related to their children. In contested cases, both spouses will go to trial in front of a judge who will decide all issues in the case, such as how property, assets, and debts will be distributed fairly, as well as matters regarding child custody, alimony, and child support. For either type of divorce, you should seek the assistance of a family divorce attorney Gainesville, FL, residents can count on.
Importance of Having a Divorce Attorney
Because divorce is a legal process, it is always advised to have a divorce attorney alongside you. An attorney can offer you counsel, take care of complex legal matters, and protect your rights during the entire process. When filing for divorce, if you fail to submit all the necessary documents in time, it could be denied. An attorney knows exactly what you need so your divorce can move along as quickly and as smoothly as possible. Your attorney can also help you create a parenting plan and protect the assets and property you deserve. At The Law Office of Silverman, Mack & Associates, we can provide you with divorce attorneys Gainesville, FL, spouses can depend on.
Divorce Lawyers in Gainesville, FL
Because of the nature of divorces, many spouses often try to divide assets and determine support and child custody unfairly. At The Law Offices of Silverman, Mack & Associates, our Gainesville attorneys will always fight to ensure your rights are protected, that the well-being of your family comes first, and that you are treated fairly. Schedule a consultation with our divorce attorneys today.