The decision to divorce is never an easy one, especially when children are involved. There is never a good time to get a divorce, but if you have done what you can and have determined that the marriage is over, it is time to formalize the end of the union with a divorce. One party must begin the process by filing for dissolution of marriage, the formal name for divorce in Florida. Although the process can be done without an attorney, it is usually advisable to retain the services of a qualified divorce attorney in Brevard County.
Grounds for Divorce
Because Florida is a “no fault” state couples can file for divorce based on the fact that the marriage is irretrievably broken. This simply means that you and your spouse are no longer able to get along and cannot continue the union. There are still some grounds that can be utilized if you allege that your spouse committed wrongdoing, however, no-fault is often the easier option.
Simplified dissolution of marriage is also a possibility for some couples as long as they meet the requirements. For a simplified dissolution you must both agree that the marriage is over and importantly, the couple cannot have any minor or dependent children together. Additionally, the couple must agree to the distribution of assets and liabilities and must disclose their financial information to the court.
Divorce in Brevard County
Divorce in Florida can be somewhat straightforward if both parties are in agreement. When they disagree on any of the terms of the settlement or issues regarding the children, the situation can become more complicated. Couples are encouraged to try to come to an agreement about how to distribute their assets as well as their debts. Although it may be difficult to talk to your spouse right now, an agreement can often be reached with help from your divorce attorney.
Marital property is defined as anything you purchased or obtained after you got married. Marital property needs to be distributed equitably. This means that both parties need to end up with approximately the same value of assets when the divorce is complete. Couples who have a large number of assets or who have a prenuptial agreement may have some concerns about how to resolve the divorce in a favorable manner. Rest assured that your divorce attorney will always do everything possible to protect your rights.
Children and Divorce
Divorcing with children requires additional care. The courts typically expect both parents to be involved in their children’s lives after a divorce. Most families incorporate a shared parenting approach in which both parents make decisions for their children, spend time with them and provide for them financially. A parenting plan must be created which defines the specific details of where the children will reside, how and when visitation will take place and other important issues.
There are often many concerns and worries that couples have when they begin the divorce process. It is helpful to meet with your divorce attorney to discuss your situation and to get answers to your important questions. Count on the experienced and compassionate attorneys at Henderson Legal Group to represent you and guide you through the process from start to finish. Contact us today to schedule an appointment.