Regular Dissolution Of Marriage Laws Governing Divorce In Florida
There are two methods of securing a divorce in the state of Florida. The faster, less expensive way is called a Simplified Dissolution of Marriage. To avail of this type, however, a divorcing couple must meet certain specific requirements, which is not always possible. In this case, the other method called the Regular Dissolution of Marriage is the only other option.
When going through a Regular Dissolution of Marriage, the first step is to file a petition for a dissolution of marriage with the circuit court. Either spouse may file the petition which must state that the marriage is irretrievably broken and that the person wants a dissolution of the marriage. Once the petition has been filed, the other spouse is given 20 days to file an answer. The answer should address the issues raised in the petition and bring up any other matters before the court’s attention.
In a Regular Dissolution of Marriage process, each of the divorcing spouses is obliged to give financial information and a financial affidavit to the other within 45 days from the time notice of the petition was served or before any hearing is conducted for temporary relief or restraint. If this information is not given, the court may turn down the requests of the party or dismiss the case altogether. The financial affidavit is a sine-qua-non when the case involves financial relief for one of the parties, but the court may modify the other requirements.
Before any hearing for child support is held, the divorcing spouses must also file a special child support worksheet. This is obligatory and is not subject to a waiver by any of the divorcing spouses or even the court itself.
If the divorcing couple agrees on all the issues related to the divorce like the distribution of property, child custody and support, a written agreement is prepared and signed by them. Even if they disagree on some issues, they may try and resolve the disagreements among themselves, then prepare and sign a written agreement. The agreement is presented to the judge and the dissolution of marriage is finalized.
On the other hand, when the divorcing couple cannot reach an agreement on one or more issues, they may be required to go through a process of mediation. A neutral, third-party mediator tries to help the couple reach an agreement on the contentious issues. The objective of the mediator is not to save the marriage but to assist the couple in finding ways to resolve their disagreements. The state of Florida maintains mediation facilities in many counties which couples can avail of. If mediation fails and no agreement can still be reached, a trial is scheduled for each side to present and argue its case.
The judge makes the final decision on all the issues being disputed. All requirements for divorce in Florida shall have then been met and the marriage is dissolved.
There are also online services available for securing divorce in Florida. These online services, however, follow one of the two types and are generally used for securing the necessary forms, filling them up or getting advice from a legal staff about regulations governing divorce in Florida.
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