Contested and Uncontested Divorce
You have to go to court in Florida to get a divorce. If you have settled all issues between you and your spouse by a written agreement, you may go to an uncontested divorce final hearing. Usually, this is a short, 5-minute hearing. There are some requirements about what documents you need to file before you can attend an uncontested final hearing.
As your attorneys, we try to get you to an uncontested divorce. However, some divorces involve a person who is unreasonable and will not agree to a reasonable resolution of the issues. Mediation is a process that often results in a written settlement agreement, and it is required in almost all divorce cases. However, if mediation fails to result in an agreement of all the issues in the divorce, a judge has to decide those remaining issues.
Equitable Distribution
Divorce apportions the marital assets and liabilities between the parties. This is called “Equitable Distribution.”
Clients often ask, “What happens to all of the stuff in our house — the furniture, the electronics? What about our bank accounts, our retirement accounts, and any investment accounts? What happens to our vehicles?”
All of the things that you have will be Equitably Distributed between the two of you — either by a written Marital Settlement Agreement (referred to often as an MSA), or by the decision of a family law judge at a trial. If you can hammer out between you who gets what, you can save the expense of a trial, and often save on the overall stress and anxiety of the divorce case.
Collaborative Divorce
Whether your divorce is complex with lots of marital assets and liabilities, whether it has a child or children, or whether there is a history of domestic violence, we want to assure you that our professionalism and knowledge of the law will serve your best interests.
If you are looking to hire an attorney, call 407 628-4300 for a free consultation about your particular situation.