Challenges to getting divorced in Florida
Marriages that involve domestic abuse can be challenging if one party wants to get a divorce, but the other party is not in agreement. An abusive spouse may try to delay the divorce by arguing the marriage is not irretrievably broken and requesting the judge to order counseling or mediation before granting the divorce. The attorney for the abused party may inform the judge about the domestic violence and suggest that mediation is not an appropriate venue for facilitating reconciliation. The judge may take steps to keep the abused party safe by ruling against counseling or permitting mediation only as a means to resolve matters within the divorce that will allow the marriage to be resolved. If the abused party is ordered to attend mediation, the judge may require the abuser to remain in a separate room in the interest of protecting the abused party’s safety.
At Leanne L. Ohle, P.A., we focus on resolving a wide range of family law issues, many of which are related. We work diligently to help families resolve disputes that involve:
- divorce
- child custody
- child support
- paternity
In Florida, divorce is not based on fault. This means that either party can choose to legally end the union if there is no chance of reconciliation. The divorce must either be either handled between the two parties or litigated with the help of a divorce lawyer. The latter is usually necessary when issues like child custody, child support and the distribution of large assets – like property and cryptocurrency – are at play. A divorce attorney from our firm in Stuart is available to provide representation in any of these situations.
In Florida, there are two types of divorce: a “simplified dissolution of marriage,” also called a “simplified divorce,” and a regular dissolution of marriage. Simplified divorces can be handled without counsel, provided that all of the following criteria applies:
- the couple does not have minor children together
- the wife must not be pregnant at the time of filing
- both parties must complete a “Financial Affidavit” and a “Property Settlement Agreement”
- both parties must attend the final divorce hearing
For couples that meet the requirements, the simplified option may be appealing as it may seem to be the fastest way to dissolve the marriage. Consulting a lawyer prior to deciding to do a simplified divorce can help you ensure your interests are protected.