This is the next post in my series on obtaining an uncontested divorce in Melbourne, Florida. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you are considering ending a marriage. This is due to the fact that, while stipulated cases may seem straightforward, the fact of the matter is that if the case is not handled properly then you may have to go to Court at a later date. In this article I will be addressing the question of who is eligible to file for the stipulated end of a marriage. If you or a loved one are in need of assistance then contact my office today to speak with a Melbourne lawyer.
Florida spouses may file for an uncontested divorce if they are in agreement on all issues related to the end of their marriage. This means that there must be a complete agreement in regards to child custody, property division, spousal support, etc. If the spouses disagree on any issue then they must go through the contested divorce process instead. If the spouses are in complete agreement on all issues then they may file a Petition with the Court for what is known as a “Simplified Dissolution of Marriage.” A short hearing will be held shortly after the Petition is filed and the Judge will sign an Order granting the divorce. A property and child custody settlement, which the parties will submit in conjunction with their Petition, will be made part of this final Order.
In addition to being in agreement on all issues, spouses must have been a resident on all issues for at least six months prior to filing the case. If the spouses have not been in our state for that requisite period of time then the state will have jurisdiction over the matter.
Again, if there is not a complete agreement between the spouses then they must file for a contested divorce. This does not mean, however, that the case cannot still be streamlined. Suppose, for example, that the spouses agree on all property issues but disagree on child custody. Shortly after the case is filed, a stipulation can be entered with the Court resolving the property issues. This will end that aspect of the case and only the child custody portion will proceed. In other words, while the parties will be going through the contested process, all agreed upon issues can be resolved immediately.
If you or a loved one are considering ending a marriage then contact my office today to speak with a Melbourne uncontested divorce lawyer. This simplified process can save the parties great amounts of money, time, and stress. I devote my practice to the handling of family law matters and my office will give your case the attention it deserves. I understand that this is a serious time in your life and I look forward to being of assistance. Contact us online or by telephone today. We also serve the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.