In Florida, it is not necessary to prove fault in order to obtain a divorce. You only need to prove that the marriage is “irretrievably broken” and that you have been a Florida resident for at least six months prior to filing the Petition for Dissolution of Marriage.  Typically, there are two main ways to approach a divorce cases: Uncontested and Contested.

 

What is an Uncontested Divorce?

An uncontested divorce is a dissolution of marriage or divorce action in which both parties are able to agree to all the terms of their divorce.  Once the terms are agreed upon, the parties enter into a Marital Settlement Agreement (the “MSA“), which is a written and signed agreement memorializing the settlement of all applicable issues, such as the parenting plan, and time-sharing schedule, division of assets and liabilities (equitable distribution), alimony, child support and attorney’s fees. The MSA is then submitted to the Court for approval and for entry of final judgment, dissolving the marriage.

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An uncontested divorce is typically favorable to a contested divorce. It costs substantially less money in attorney’s fees, is often less stressful, usually involves only one court appearance, and, on average, is more quickly to conclusion.

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What is a Contested Divorce?

A contested divorce occurs when the parties cannot agree to the terms of their divorce. In such circumstances, one party files a Petition for Dissolution of Marriage, and the other party is served by a process server. If you are served with a Petition for Dissolution of Marriage, it is important to respond quickly. You are required by law to file your answer within 20 calendar days of being served. Call Wheaton Law immediately for a consult.

 

Military Divorce

Divorce is much more complicated when one or both spouses are Active Duty military. There can be jurisdictional issues, financial complications, and, in order to ensure equitable distribution, it is imperative that your attorney know how to properly divide a service member’s right to military retired pay. Here, in Pace, we have a large military community and the staff at Wheaton Law Firm have advocated for many military members and their spouses during their divorce. Their extensive experience is invaluable.