Orlando Divorce Lawyer
Helping Clients Through Divorce in Altamonte Springs
If you are a Florida resident who is ready to file for divorce, consider doing so with the help of a knowledgeable attorney. At Jackson Legal Services, LLC, our Orlando divorce lawyer has extensive experience handling all kinds of family law matters. Mrs. Jackson is prepared to offer you honest advice and effective representation through every stage of your case.
Is Florida a No-Fault Divorce State?
Florida is a no-fault divorce state, which means that individuals do not have to prove their spouse engaged in misconduct before filing for divorce. A person who wishes to divorce can file a Petition for Dissolution on the grounds that the marriage is irretrievably broken. While a spouse’s misconduct (such as cruelty or adultery) has no impact on your ability to get divorced, it can have an impact on certain key issues, including property division, alimony, and child custody.
The only other requirement to get a divorce in Florida is that you or your spouse must have resided within the state for at least 6 months prior to filing.
What is a Simplified Dissolution of Marriage?
Florida divorce law offers qualifying couples the opportunity to go through a “simplified dissolution of marriage.” This type of divorce can be completed in far less time than a traditional divorce, usually lasting about 30 days from filing to finalization.
There are several requirements you must meet to qualify for a simplified dissolution of marriage, including:
- Your divorce must be uncontested
- You and your spouse must agree that the marriage is irretrievably broken
- You and your spouse agree to the process of a simplified dissolution of marriage
- You and your spouse must agree to the terms of the divorce
- You and your spouse agree on how your property will be divided
- Neither you nor your spouse is seeking alimony
- You have no dependent children or children who are under 18
- The wife must not be pregnant
Before choosing this divorce option, it is important to understand that you and your spouse would be giving up your right to a trial and appeal. You should have a divorce lawyer review your case before proceeding to ensure this is the right option for you.
What is a Marital Settlement Agreement?
Couples who are looking for a simpler and more cost-effective way to divorce but don’t qualify for a simplified dissolution of marriage may choose to create a marital settlement agreement. This is a contract created between the 2 spouses that details the specific terms and conditions of the divorce. The couple will agree in writing on all issues pertaining to their divorce, including division of assets, division of debts, and support obligations. Details regarding child support, child custody, and visitation are typically included in a separate parenting plan that is attached to the marital settlement agreement.
Once the couple signs the agreement, the divorce is considered settled. The agreement will be submitted to the court with a petition for divorce. The couple then attends a hearing to receive a final judgment of divorce from a judge. This type of divorce enables couples to keep the decisions in their own hands, rather than having the court decide for them. In addition, it provides a way for couples to go through an amicable split and avoid the time and cost of the normal litigation process.
Contact Our Altamonte Springs Divorce Lawyer Today
Whether you are looking to end your marriage through a simplified dissolution of marriage, a marital settlement agreement, or by taking your case to trial, a divorce attorney in Altamonte Springs, FL from Jackson Legal Services, LLC is here to ensure that your rights and interests remain protected.