Divorce

Overview

Florida is a no fault state. Neither party needs to be blamed for the breakdown of the marriage. There are two grounds for divorce. The most common ground for a divorce is that the marriage is irretrievably broken. This means the marriage cannot be saved with the help of counseling or medical help. An infrequently used ground for divorce is the mental incompetence of one spouse. A divorce may be granted if one of the parties has been mentally incompetent for at least the past three years.

You or your spouse must have resided in Florida for at least six months prior to filing for a divorce. To legally proceed with obtaining a divorce a Petition for Dissolution of Marriage must be filed with the court. Florida does not require you to be "legally separated" before you begin divorce proceedings.

Contested and Uncontested Divorce

There are two methods of obtaining a divorce: contested or uncontested. A divorce is contested when you and your spouse have not yet reached an agreement to settle the issues or circumstances of your divorce reasonably and fairly. You have problems that have not yet been resolved. This is an adversarial process where the two spouses communicate through their attorneys rather than directly with one another. If no agreement can be reached, the court will then make the decision for you. This takes time and can sometimes be quite costly.

An uncontested divorce is one where you and your spouse agree to a fair division of property and debts, work out a reasonable parenting schedule for children, agree to child support under Florida's child support guidelines, and agree on alimony if it is applicable. Thompson Family Law can help you gather the necessary information and develop a fair settlement in your divorce. Every marriage is different, so it is hard to predict how much time a legal assistant and an attorney will need to work with you. However, many people only need a small amount of time to develop and outline a fair settlement. In an uncontested divorce where both sides reach an agreement on everything, the divorce might be over in 30 days or less. If your case requires a trial before a judge, the process can take six months or longer.

If both spouses are willing, there are several other ways by which a divorce might be accomplished: Pro Se Negotiation, Mediation, or Collaborative Family Law.

Pro Se Negotiation is a process where the parties do not hire professional assistance and do all the work themselves. They proceed on their own to draft and file all of the necessary court documents. They may turn to books, internet resources or other information provider services to help them get through the process without the aid of a professional. The parties can either work out an agreement together or present their legal issues to the court, acting as their own lawyers.

Mediation is a process where the parties hire a neutral third party to assist them in reaching agreements. The mediator can provide information about the legal process and guide discussion to help resolve issues. The mediator may or may not be a lawyer, but the mediator does not represent either party and cannot provide legal advice. Mediation can occur with parties who have hired attorneys or parties who are not represented by attorneys. The parties communicate directly to one another in the presence of the mediator. The goal of mediation is to reach agreements that meet the needs of both parties and their children without the financial and emotional costs of a court battle.

Collaborative Family Law is a process in which each spouse hires a specially trained and certified collaborative attorney who is a legal advisor and settlement specialist, and all four work together in a cooperative, non-adversarial process with a mutual goal of reaching a fair settlement of all issues. Before beginning the process, binding commitments are made by both parties and their attorneys to voluntarily disclose all financial and other relevant information, to proceed in good faith in negotiations, and to refrain from the threat or use of litigation. The parties agree that they will not go to court and if anyone decides to do so, both collaborative attorneys would be disqualified and would be required to withdraw.

Thompson Family Law can help you with your uncontested or contested divorce, by whatever method you determine would be best in your situation.

To help guide you in your discussions, a fair settlement may be one where property acquired during the marriage is equally divided. A reasonable parenting plan should look at the developmental needs of each child. Child support is based upon Florida's child support guidelines. Alimony is based upon a complicated set of rules that rely on the discretion of the court.

Custody of Children

"Custody" has been replaced by a concept called "shared parental responsibility, which means a court-ordered relationship in which both parents retain full parental rights and responsibilities for raising their child. Parents are to confer with each other so that major decisions affecting the welfare of their child will be determined jointly. You could say that both parents have "joint legal custody" under shared parenting. This does not necessarily mean the children spend an equal amount of time with each parent. Shared parenting is the most commonplace relationship between parents and children, and is appropriate when both parents are fit parents and both parents desire to have a healthy relationship with their children. It is most effective when both parents are able to cooperate in an appropriate parenting plan. The father must be given the same consideration as the mother in determining a parenting schedule for a child irrespective of the age or sex of the child. This means that mothers and fathers start out equal when determining what is in the best interest of the child. It does not mean that mothers and fathers are automatically equal in their ability to be good parents. That will depend on the facts and circumstances of your particular case. One parent is usually designated as the primary residential parent, or the parent with whom the children spend more of their time. An experienced family lawyer can give you a realistic assessment of an appropriate parenting schedule.

There is no presumption in favor of or against allowing a parent to relocate with a child. The Court looks at the positions of both parents and the best interests of the child in determining whether relocation is proper. Florida law is constantly changing in this area. Talk to an attorney about your particular circumstances.

Parenting Class REQUIRED for Both Parents
as well as Children Between the Ages of 6 and 17

If you have minor children together, the court will not grant your divorce until each of the parents has attended a one-night, 4-hour parenting class called Parents, Children and Divorce. It is offered several times per week in a variety of locations in Florida including Lee, Collier and Charlotte Counties. You only have to attend one time, but both parents must attend and receive certificates of completion before the Court will grant your divorce. The cost is $35 and includes a workbook. Call 239-693-8893 or 800 767-8193 or click here to go to the program's website for dates and registration.

Children ages 6-17 will attend the Sandcastles Program, held in Lee County. Call 239-693-8893 or 800-767-8193 for pre-registration, which is required. The cost is $25 and includes a workbook, materials and a snack. The program is 3 hours in length. Children are organized in age appropriate groups which will help them see that they are not alone and that their thoughts and feelings are similar to many others who are experiencing divorce. Call 239 693-8893 or 800 767-8193 or click here to go to the Sandcastles website for dates and registration.

En Español llame 239 693-0823 o 888 277-1022.

Once the Divorce is Granted

A divorce is final when the Judge signs the Final Judgment of Dissolution of Marriage and forwards it to the Clerk of Court for filing. A copy of the Final Judgment is sent directly to you and to Thompson Family Law’s office by the Judge so we know the divorce has been granted.

There may be additional matters that need immediate attention once the divorce is granted. Titles to cars or boats may need to be transferred. Deeds to real estate may need to be prepared and recorded. Specialized court orders transferring pension rights may need to be prepared and served on a plan administrator. Thompson Family Law can provide these services for an additional charge should you need help.