When a marriage no longer works, a divorce can be underway. Filing for a divorce is a difficult and challenging process. If your marriage is heading to dissolution and you don’t know where to start, the tips we will be discussing in this article could help.
First, you would need to find a reliable divorce lawyer. This process is quite complex, and an expert attorney can give you legal advice as well as look at your documents. You should never forget to let a lawyer review your papers! Your lawyer knows your rights and obligations and would help you draft resolutions that seek to protect your interests as well as that of your children’s.
Second, you would need to write and file a petition for divorce, or “dissolution of marriage”. Since Florida is a no-fault state, either couple can file for a divorce. The divorcing parties only need to prove that the marriage is “irretrievably broken”, or that one spouse is mentally incapacitated. Florida courts also require a six-month residency for at least one of the parties prior to filing a divorce.
Finally, after writing your petition, the documents will be sent to your spouse and a response must be filed within 20 days. If the divorce is uncontested, you and your spouse can fill up a Marital Settlement Agreement. The divorce process is usually made less complex and shorter when the divorce isn’t contested. However, if you and your spouse do not agree on some matters, such as property division, financial support, or custodial responsibilities, the matter will be brought to court for evaluation. It is then up to the judge to make decisions regarding the issues disagreed upon.
If you are thinking about getting a divorce in Southwest Florida, Eve McClurg is a licensed family law attorney serving clients in Lee, Collier, and Charlotte Counties, Florida. Eve has over ten years of experience and will explain to you the matters of your case while planning an effective and efficient resolution at the same time. For a divorce lawyer in Fort Myers, Florida, and its surrounding areas, contact The Law Firm of Eve McClurg at 239-449-9943.