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Sep 09

Divorce Advice Florida



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Divorce Florida – Dissolution of Marriage

Divorce Florida is truly a “no-fault” divorce that you can’t claim that your spouse’s wrongdoing was the reason of the divorce. Preferably, most divorces Florida are based on the grounds that the parties have irresoluble differences that have led to the failure of the marriage. But, fault may be considered by the court as a factor in splitting assets or awarding alimony. Either you or your partner must be a resident of Florida or a employee of any armed force placed in Florida to file for a Florida divorce, called a “dissolution.”

If both soul mates are in settlement that there should be a divorce, they can accept in writing also called a “stipulation” that the marriage can be ended.

If there is a babies involved in Florida divorce, or if one of the spouses rejects that the marriage is irrelevantly broken, the court can order the both husband and wife to contact a marriage counselor, psychologist, priest, psychiatrist, minister, rabbi or other person, and continue counseling for not longer than three months.

The legal divorce in Florida, initiates when one of the spouses files a “Petition for Dissolution of Marriage” with the Family Department of the local Circuit Court. The other spouse is then served with the paperwork and given time frame to respond back. If the parties are in agreement about property and debt division, as well as child custody and child support issues, the divorce Florida can be finalized without a tryout. If both the husband and wife can’t come to a mutual agreement, the court will locate some time for a hearing, generally some time period in the future.

After the Petition for Dissolution has been filed, either spouse can appeal temporary financial aid from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis. Many Florida couples are eligible to dissolve their marriage by the technique of a simplified Florida divorce process. These Florida divorce process are “do-it-yourself” and were prepared so the services of an attorney may not be required. Both spouses are legendary, however, for filing all necessary documents properly, and both partners are needed to appear before a judge together when the final dissolution is granted. If you yearn the services of an attorney for this dissolution procedure, it can typically be completed relatively inexpensively.

There are considerable differences between a simplified and a regular dissolution of marriage. In a regular dissolution, each partner has the right to test and cross-examine the other spouse as a witness, and to pick up documents regarding the other’s expenses, income, assets and liabilities before having a trial or settlement of the case. With a simplified dissolution, financial information may be desired but it is not needed to be given. In a simplified dissolution there is no experiment and no request.

About the author: Frank Miller is originator of www.legaldivide.com,Online Divorce Florida an Online Divorce company, any one who is looking Divorce Florida, wants quick divorce or wants to use our services like Online Divorce Florida, Florida Online Divorce,Uncontested Divorce,Divorce Online, Florida Divorce,contact also for SEO Services India

Source: http://www.articlesbase.com/divorce-articles/divorce-florida-dissolution-of-marriage-556705.html

Frequently Asked Questions

  1. QUESTION:
    Getting a divorce in Florida. need advice!?
    To make a long story short. My mom has supported my lazy, unemployed dad for the 25 years of their marriage. He started cheating on her and taking my mom’s tax returns, money from a house that was sold, and putting it into accounts in his name. My mom wants a divorce. She went to an attorney and the attorney charged 2k for a retainer fee. She told my mom she wont be able to tell her how much the divorce is going to cost. My mom doesn’t have a lot of money, Maybe like 14k in savings. My parents have approx. 450k in assets and agree on split custody of my brother (who is still under 18). How much do you think this is going to cost my mom? Will she be able to afford it? She doesn’t want to give up all her savings to an attorney and be left with nothing. Please help, this is very stressful for myself and our whole family. Thank you!!!

    • ANSWER:
      I work at law firm in MI. That retainer is similar to what our attorneys charge (usually about 1,500.00). A divorce with a minor child is usually more costly, but the lawyer was right, you never can tell how much it will cost. It all depend on how many filings have to be made, how much work the attorney does (preparing motions, writing letters, etc.) I know this isn’t much help, but it is just very hard to predict the costs ahead of time. But having a lawyer is much better than trying to represent yourself.

  2. QUESTION:
    I need advice to file a divorce in Florida involving children and domestic abuse?
    I need some advice..please help. I have been separated from my husband for over two years. He is extremely abusive and I have had multiple restraining orders. He was last put in jail for assaulting a police officer less than a year ago. I have moved to Florida with my children and want to file a divorce. I have a few problems/concerns. First, I do not know where my ex is. I have tried everything to locate him, including contacting his mother. The second problem is that I am terrified about him finding out where we are now living. Please help!
    Is there any way to file the divorce without disclosing my address? I don’t want child support, I just want to be free of the abuse and him and to keep our location private.

    • ANSWER:
      i would contact legal aid in florida and ask these questions.

  3. QUESTION:
    Divorce and Pregnancy in Florida-Need advice?
    I filed for a divorce in Dec 2008 and it was dragged (ex is a control freak and refused into belive it was over) until it was finalized in June 2010. ( so let’s 1.6 years later I was divorced) When I filed for Divorce, I was not pregnant but went on with my life and started a new rerlationship and became pregnant with new relationship’s child in Feb 2010.I am now pregnant and just got my divorce.
    I nevert mentioned during my divorce that I was pregnant as I knew I would get the divorce before the child was born and my ex is extremely abusive and am afraid, as he abusived me during our marriage when I was carrying his child in 2005.
    I now, am showing and no longer can hide the big baby bump from my ex and have to go back to court next week to review to take off his supervised visation or not, I am afraid that when he finds out that I am pregnant and have someone new he might hurt our son or something very crazy to punish me. I have not even told our son I am even pregnant as I am afraid he will say something to him and if his unsupervised visation hearing is granted he might become voilent/abusive/harm us. I want to tell the judge that I am pregnant and afraid that my ex will do something crazy just to punish me for going on with my life.- he was arrested for doestic volience and was in jail when I filed for divorce, there was a restraining over but after 1 year and him taking me to court over 15 times to remove it the judge granted him and removed/lifted the restraining order but he has supervised visation with our son at the court house every sunday.
    Question: If I go to court next week 7 months pregnant can I get in trouble or will my divorce that was finialized 2 months ago be revoked on the grounds I am pregnant and did not disclose it (was not pregnant when I filed for a divorce). I want to tell the judge that I fear for the life of my unborm child, myself and my son (ex’s child) when my ex finds out about the pregnancy.
    I do not have a lawyer anymore after 1.6 years dragging of a divorce it strated to drain me from supporting my son-and no he does not pay his court ordered CS either.
    Also, I was NOT cheating when I was married and only started a new relationship 6 months later after the divorce was filed.

    • ANSWER:
      2 pts

  4. QUESTION:
    Any Florida divorce lawyers? Im in need of advice.?
    I have been married to my husband since december of 2010. we have a 6 wk old daughter together and i have recently been overwhelmed with dishonesty from him and he doesnt have a job and thinks leisure comes before his family and work. he makes little effort to find a job and i have to rely on my family support and government funds to support my daughter and i, he hasnt even changed her diaper once, which just goes to show you how things really are. I have decided that i want a divorce with full custody of our daughter and supervised visits and child support. But I have noticed that it gets very pricey and i just dont have the funds, what do i do?
    okay maybe i should have added the fact that he wasn’t like this when we met in 2009, he didnt start being this way untill the middle of my pregnancy. And he had a job untill march of this year he was laid off. but i figured since hes collecting unemployment and paying child support for another child (his 3 yr old son) and the fact hes on probation that the state would demand that he get a job. im sorry i have left these factors out.

    • ANSWER:

  5. QUESTION:
    Legal Advice:The State of Florida annulled my husband’s divorce?
    My husband had a legitimate divorce from the State of Florida. After that we went and got married in Las Vegas. A year after we were married the state came in and annulled, yes annulled the divorce between my husband and his ex. To this day we still don’t know why. They created bigamy, which we have to live with everyday. If he did this on his own he would be arrested. We are now in the Federal Court of Appeals, but is they follow suit they will just shuffle papers around for 6 to 9 months before they dismiss it. To this day they have not looked at or acknowledged the evidence. How do we deal with such a corrupt system?
    Also, they are garnishing my husbands wages about 00/paycheck. Which we can’t afford. For a child that is NOT his, that is OVER 21 and in the military overseas. He has been denied multiple DNA tests, even though there is a law on the books. Plus, and this is the big one, there has NEVER been a Final Judgment for him to pay anything. So how can they do this to us? How can we stop it? There is no end to these garnishments. My husband had to file bankruptcy last year so he can pay for and “adult” that is not his. Please help!

    • ANSWER:
      I have to agree with what others have said here. I know it’s a very bad situation you both are in, and I really wish we could give you better guidance other than these few points.

      First, you should have an attorney if you do not. Considering that you are now in the Federal Court of Appeals I’m going out on a limb and assuming you do as well. Those are not waters you want to tred without the assistance of at least one attorney, if not an entire firm working behind you. If you are not getting satisfying answers from your current legal representation, then perhaps your husband should search out another firm to handle this. Remember, the choice of legal representation is always your choice.

      When looking for an attorney, you do have the right to ask them questions before you hire them. One such question I would ask is if they have any experience with the Federal Court of Appeals, and experience dealing with any similar situations. If they do not, especially with experience int he Federl Court of Appeals, then you might want to consider finding someone else. It is very important for you to find an attorney or firm that has the experience necessary to assist you.

      Experience can often times translate into a strength for you. An experienced attorney in the Federal Court of Appeals should hopefully have some sort of professional relationship with the people involved. They will understand how the court thinks, acts, and what to expect. They will be far better at equipping both themselves and you for what is ahead, not to mention better at laying out a solid strategy.

      When people here are give legal opinions, you should be aware that they are not fully aware of all the facts involved. Most of the time, they are speaking in generalities and not specifics as you would like them to. A good attorney will want to know all the facts involved and will ask what he or she needs to know to give you an answer. As there are many facets to what you are describing, no one here will be able to assist you on this matter.

      You and your husband might try checking out DadsDivorce.com to see if any of the articles and Ask a Lawyer Question and Answers might be of any assistance to you as well. There is also a forum section where you could ask the divorced guys there this question to see if anyone might have some insight or thoughts. Ultimately however, you should only take legal advice and opinions from your attorney as he or she will know the full legal scope of what is happening much better.


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