The experienced attorneys at Quality Family Law understand that divorce can be a stressful and confusing ordeal. Based on the unique circumstances of you and your family, the attorneys at Quality Family Law will explain your different options for divorce, including the simple divorce, uncontested divorce , and contested divorce. They collaborate with you and work diligently on your behalf to ensure all related issues are resolved like child custody, child support, and visitation without financially devastating your family. Contact the divorce attorneys of Quality Family Law at or submit an online form for a confidential consultation.
This means that either spouse may file for divorce without alleging a specific reason for the dissolution of the marriage. In the divorce the spouses must only generally allege the marriage is irretrievably broken. While one spouse may deny the marriage is irretrievably broken, this is usually insufficient to prevent the divorce. Divorce can also be granted on the grounds that one spouse has been declared mentally incapacitated by a judge for a period of at least 3 years before filing for divorce.
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In cases where the divorce is granted based on mental incapacity of the other spouse, the petitioning spouse is required to pay alimony spousal support. To obtain a divorce in the state of Florida, one of the spouses must reside in Florida for at least 6 months before filing the petition for divorce. It is not necessary that both spouses reside in Florida.
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Divorce proceedings may be brought against persons residing out of state. At this time there is no waiver to the residency requirement in Florida. In the Florida legislature introduced a bill that would eliminate the residency requirement for victims of domestic violence; however, the bill was withdrawn from consideration. A simple divorce or simplified dissolution of marriage is a possible option for spouses that do not have any minor children of the marriage; the wife is not pregnant at the time of filing; and spouses agree in a written agreement how the property and debt is to be divided.
An uncontested divorce is a possible option when both spouses can agree to every aspect of the divorce, including the parenting plan for child custody and visitation, division of property and debt, amount of child support, the amount and duration of alimony, and any other divorce-related issue. If the spouses cannot resolve one or more issues, an uncontested divorce is not a viable option.
Commonly, when individuals think of divorce they think of the contested divorce. A contested divorce is an option when the spouses cannot resolve or agree to all of the terms of the divorce. Contested does not mean the divorce will be ugly or contentious, it just means the spouses need assistance resolving complex issues like child support, child custody, alimony, and division of marital property. A collaborative divorce is a non-adversarial and cost-effective way to resolve divorce-related issues and obtain a judgement for divorce.
In a collaborative divorce the spouses enter into a binding agreement with their respective attorneys. Per the agreement the spouses must resolve all divorce-related issues. The collaborative divorce process happens out of court with trained professionals mediating the negotiation between spouses. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints.
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Uncontested Divorce South Florida & West Palm Beach | James S. Cunha, P.A.
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