In Florida, There is More than One Kind of Divorce
No one gets married thinking it will end in divorce. Unfortunately, it is a real possibility that sometimes turns into a reality. If you are thinking about getting a divorce, it is important to remember that you have options, including what kind of divorce you get. The type of divorce you choose will impact your life once your case is final, so it is important you know what they entail.
Both spouses are considered the ‘petitioner’ in a simplified divorce and they must agree that the marriage is irretrievably broken and that there is no chance of it being saved. People can only obtain a simplified divorce in very limited situations, including:
- The couple did not have any minor children together,
- The woman is not pregnant at the time the couple files,
- Each spouse will complete a Financial Affidavit, or a written declaration pertaining to their finances or property,
- Each spouse will complete a property settlement agreement to resolve all property division issues,
- Neither spouse will ask for alimony, and
- Each spouse agrees to waive their right to trial and appeal
The above statements must apply to your case in order for you to qualify for a simplified divorce.
Uncontested divorces are very similar to simplified divorces, but there are some differences. Like in a simplified divorce, the spouses will agree to the different terms of the divorce, including property division issues, alimony, child custody, and more. However, couples do not have to meet the same requirements they do in a simplified divorce. For example, if a couple with children wanted to get a divorce and agreed to all terms, they could get an uncontested divorce but they could not get a simplified divorce.
If you and your spouse cannot agree to all terms in the divorce, the case becomes contested. Contested divorces in Florida are required to go through mediation before entering litigation. Mediation is a process in which both spouses meet with a mediator that is a neutral party. The mediator will try to foster communication and compromise between the couple, trying to get them to reach an agreement. If you and your spouse cannot reach an agreement in mediation, you can then enter litigation and have a judge decide on all terms.
A collaborative divorce is also an option for couples getting a contested divorce. This method involves both spouses, and their attorneys, meeting and trying to negotiate an agreement. Collaborative divorces sound similar to mediated divorces, but there are differences. The only third parties present during collaborative sessions are experts that can advise on certain aspects of the case. The lawyers are also present and can offer legal advice during the sessions. If collaboration does not work, however, you must choose a different lawyer to represent you during litigation.
Our Family Lawyers in Orlando Can Advise on Which Type of Divorce is Right for You
If you are getting a divorce, it is not always easy to determine which type of divorce is right for you. At O’Mara Law Group, our Orlando family lawyers will review the facts of your case and advise on the type of divorce that will be quickest and easiest for you. Call us today at 407-634-6604 or fill out our online form to schedule a consultation and to learn more about how we can help.