Florida has a 3% divorce rate. While that may not seem large at first glance, consider the population of Florida: 20.98 million. That means that upwards of 600,000 people get divorced in our state each year. These people will almost certainly use divorce attorneys in South Florida.
One reason for this is the incredibly stressful and overwhelming nature of getting a divorce. Not only are you going experiencing the breakup of a marriage, dealing with child custody and flaring tempers, and struggling to come to an amicable financial arrangement with your ex-partner, but you’re often going through this alone.
The expert team of South Florida divorce lawyers at The Berman Law Group can help. We have years of experience helping individuals navigate the murky waters of divorce and, more importantly, we know how to treat you as more than a client. We’ll fight tirelessly on your behalf, but we’ll also offer guidance during a difficult time.
Contact us today at 1-800-375-5555 for a free consultation. Learn your options and how to best proceed in any type of divorce in Florida.
Types of Divorce
There are three types of divorce recognized by the State of Florida. The one that you pick will rely on your unique situation. Are there children involved? Do both you are your partner want to separate? These questions, and more, will determine the right type of divorce to file. This is one more reason where having experienced divorce attorneys in South Florida is beneficial.
Types of divorce include:
- Simplified Divorce (also known as a simple dissolution of marriage)
- Contested Divorce
- Uncontested Divorce
A simplified divorce is when both partners agree upon separating and petition the court for a divorce. There are a handful of criteria that must be met in order to qualify for a simplified dissolution of marriage in Florida. These are:
- The couple must have no children under the age of eighteen
- The wife must not be pregnant when the couple files for simplified divorce
- Both partners attend the divorce hearing
- Both partners completed a financial affidavit and a property settlement agreement
This last point, the completion of the financial affidavit and property settlement agreement, is key to having a simple dissolution of marriage in Florida. The financial affidavit is a written and notarized form which splits the couple’s finances from each other. The property settlement agreement does the same for any property the couple owns.
It is not legally required that the partners have divorce lawyers in South Florida when filing a simplified dissolution of marriage. It is, however, recommended. Even the simplest details can become contested and lead to any number of potential problems.
A contested divorce is when one partner petitions the court for a divorce. This partner is known as the petitioner. It’s important to note that in both contested and uncontested divorces, only one partner petitions the court. The petitioner will file divorce papers, and the other partner will answer these papers. The second partner is then referred to as a respondent.
What gives a contested divorce its name is that the two partners are unable to come to an agreement on the division of assets, children, or debt. This leads to a contentious situation and a lot of back and forth between the two partners. While it isn’t legally required to have a South Florida divorce attorney in a contested divorce, it’s virtually unheard of not to.
You are waging legal war against your ex-partner. A divorce lawyer isn’t just a smart idea – it’s necessary if you want a fair and just settlement. This is especially true when children are involved and issues of child support come up.
Both the petitioner and the respondent go to court in a contested divorce. Their attorneys will make their arguments and a judge will decide on the final outcome. If you’re going through a contested divorce, contact our team of divorce lawyers in South Florida today.
An uncontested divorce is a bit simpler than a contested divorce but is not a walk in the part by any means. In an uncontested divorce, both partners must petition for divorce in the same way (one filing and one responding). They then must agree on everything related to dividing their assets and property. They must also agree on everything related to any children they have under the age of eighteen.
After reaching this agreement, both partners sign a marital settlement agreement and complete a financial affidavit within forty-five days of filing for divorce.
It’s important to note that in both contested and uncontested divorces in Florida, both parties must prove Florida residency and that their marriage is irretrievably broken. There are a number of reasons accepted for this irretrievable break. You simply need to prove that “for whatever reason or cause the marriage relationship for all intents and purposes ended, [is] no longer viable, [or is] a hollow sham beyond hope of reconciliation or repair.”
Benefits of Using South Florida Divorce Lawyers
If everything mentioned above seems overwhelming – you’re right, it is. Divorce is difficult in even the best of circumstances. It’s difficult even during a simplified dissolution of marriage and even during an uncontested divorce. Divorce is just plain difficult.
Things only become more complicated when children enter the picture. This includes everything from figuring out custody and child support to talking to your children and explaining why you and your partner are separating.
Then there is the long and often drawn-out court battle between you and your partner. For all of these reasons, and many more, it’s a smart move to hire experienced divorce attorneys in South Florida. We are here to help you through one of the hardest things you’ll ever have to go through. That’s The Berman Law Group difference. Contact us today at 1-800-375-5555 for a free consultation.