Divorces are common in Florida, and they can often lead to costly legal battles that go on for years and years. Luckily, there are a few other options that you and your spouse can choose to avoid the process of a typical divorce. These options are simplified divorces, collaborative divorces and annulments. It’s important to explore every option that you have before moving forward with a divorce to make sure that you are making the best possible decision. Consult with a Boca Raton divorce lawyer as soon as possible to go over the different available options.
In some cases, couples may go ahead and get a dissolution using a much more simplified procedure. A simplified dissolution of marriage is, like the name suggests, a simple way of dissolving the marriage in a much shorter timeframe.
In order to file for a simplified dissolution of the marriage, you have to meet residency requirements that are mandatory under Florida law, and must file all of your divorce documents. You must also appear before a judge for the final decree of dissolution.
Basically, to have a simple divorce, both of the parties must be in agreement to a simplified dissolution of the marriage, and must have no biological or adopted children below the age of 18. The couple should not be expecting a baby at the time of the dissolution, and at least one spouse must have been domiciled in Florida for at least past six months.
Both of the parties must come to a mutual agreement about the division of marital property as well as marital debt. There is no question of alimony being paid to either party, and neither party will make a claim for spousal support.
Basically, a dissolution like this is best for those who believe and agree that the marriage is irretrievably broken down, and cannot be fixed, and are able to mutually agree on the division of marital property, debt, child support, child custody, and other matters.
Even in a divorce as simple as this, have a Boca Raton family lawyer by your side, especially to review your agreement in order to make sure that your rights are not being compromised. Remember, terms that may seem fair to you may cause you financial distress down the down the road. Get your agreement reviewed by a Boca Raton family lawyer, before you finalize your simple dissolution.
What is a Collaborative Divorce?
Florida law allows you to get a collaborative divorce. If you wish to have a collaborative divorce, speak to a Boca Raton divorce lawyer. In a divorce like this, you and your divorce lawyers will meet with your spouse and his/her attorneys and will discuss and negotiate the settlement of the divorce. Basically, this is an entirely voluntary technique that is used to resolve disputes that are likely to creep in during the divorce proceedings.
If you and your spouse decide to have a collaborative dissolution, you will sign a collaborative participation agreement with each other. In the agreement, you will agree to voluntarily disclose to the other person, all important financial and other information that is relevant to the dissolution proceedings. You will also promise in good faith to work together to bring about a mutual resolution of any potentially tricky issues in the divorce.
At the end of the collaborative divorce, you will have a written agreement that is agreeable to the both of you. The agreement will resolve the important issues that must be settled before the divorce is finalized.
That will include the division of all your marital assets and your debts as well as determination of the amount of alimony that must be paid. If there are children involved, the collaborative dissolution agreement must also include a visitation plan that clearly defines how and with who the child will spend most of his time, and the visitation times with the other parent. You must also clearly define the amount of child support that will be paid every month.
To learn whether a collaborative dissolution is for you, and the potential pitfalls of a divorce like this, speak to a Boca Raton divorce lawyer. To learn how you can get started on a collaborative divorce, schedule a consultation with a divorce lawyer today.
Annulments in Florida
When someone gets an annulment, it basically means the marriage was never legal or recognized to begin with. While annulments are not very common, they do still exist if the legal grounds for one exist. These are often called “nullified” marriages. Also, annulments have to take place early on in the marriage but that specified time frame depends on the laws of that state. Contact an experienced Boca Raton divorce lawyer.
In Florida, the laws are pretty lapse and very non specific regarding annulment. Florida permits annulments for marriages that are related by lineal consanguinity (marrying a close relative), common law marriages (after 1967), bigamy, lack of consent due to mental incapacity, lack of consent due to intoxication of drugs or alcohol, no parental consent for underage, and fraudulent acts or misrepresentations to obtain the consent of the other spouse.
Because the laws in Florida regarding annulment are so vague, many times the judges that receive these cases will refer to previous annulment cases to render a decision. This can often lead to denial of the annulment petition. This is why it is a good idea to consult a Boca Raton divorce lawyer to fight for you.
The law sees the difference between dissolution and an annulment as a divorce is terminating a marriage that was legal and an annulment is dissolving a union that was never legal to begin with. Either way, it is not always cut and dry and it is not always fair.
Contact the law offices of Lewert Law if you believe that you qualify for an annulment. Allow the experienced Boca Raton divorce lawyer Tina L. Lewert, Esquire work for you to resolve your issue and get the best possible outcome for you. Call 561-544-6861.