Experienced Divorce Lawyer in Miami Explains Florida Divorce Laws

Posted by Manuel A. Segarra IIIDec 09, 20140 Comments

Just as no two marriages are alike, no two divorces are ever the same. Florida laws have categorized divorces within the state into three main overarching categories: contested divorce, uncontested divorce and simplified divorce. No matter which category your divorce falls under, you should find an experienced divorce lawyer in Miami to represent you during this difficult time and to navigate Florida's complex laws on your behalf.

The highly qualified lawyers at Segarra & Associates, P.A., will take the time to thoroughly review your case and ensure that you understand your rights and obligations. Listed below are explanations to the three categories of divorce, as determined by Florida laws. To help you through this difficult time, consider hiring a divorce lawyer in Miami to navigate complex laws.

Contested Divorce

A contested divorce occurs when both parties cannot come to an agreement on how to handle marital assets and liabilities. For couples with children, decisions need to be made with respect to a parenting plan, timeshare/visitation schedule and child support obligations. Often times a judge must become involved to make decisions in matters upon which the couple cannot reach an agreement.

Uncontested Divorce

When both spouses agree on all details included in proceedings, Florida law categorizes the divorce as “uncontested.” The process for uncontested divorces typically moves along much more smoothly and is therefore less expensive. However, you should retain the services of a Miami-based divorce attorney in order to ensure the divorce moves forward without complication.

Simplified Divorce

In order to qualify for a simplified divorce under Florida law, a couple must meet the following requirements:
1. No minor or dependent children could have been born from the marriage. Further, the wife cannot currently be pregnant.
2. There cannot be any unresolved financial liabilities or obligations.
3. One of the parties must be a Florida resident for at least six (6) months prior to the date of the filing of the Petition for Dissolution of Marriage and said residency must be proved by a suitable Florida identification (e.g. Driver's License or Voter Registration Card) or a corroborating witness.
4. Both parties must complete a Marital Settlement Agreement.

There are several benefits to choosing a simplified divorce. The couple will generally have less expenses, less opportunities for disagreement and a quicker completion date than couples involved in uncontested or contested divorces.

No matter how your divorce plays out, our seasoned lawyers at Segarra & Associates are dedicated to providing you with the legal edge you need to ensure that all issues arising during the divorce are resolved with your best interests in mind and in the best interests of your family. Call us today at (305) 742-5042.