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Dissolution of Marriage
DISSOLUTION OF MARRIAGE
An often-quoted statistic is that 50% of all marriages end in divorce. The process that couples must go through to obtain a divorce will vary depending on whether or not the divorce is 'contested' or 'uncontested'.
You and your spouse may have rights to each other's income, pensions, home, and other property, and decisions must be made on how to divide the property between the two of you. In an uncontested divorce, the parties have agreed on the terms of the divorce, including issues of child custody, visitation and support, division of assets, debt allocation and alimony. This is often accomplished through a Marital Settlement Agreement ("MSA"). An uncontested divorce can be fairly simple to obtain, and is often much less expensive than a contested divorce.
In a contested divorce, you and your spouse are unable to mutually agree on the separation of your assets, or to agree on which of you will have custody of your children. This can lead to protracted litigation in which a judge will ultimately decide which party receives certain property, and which party is awarded custody of the children. Litigating a contested divorce is time consuming, emotionally draining, and can be expensive.
A divorce in Florida is referred to as a "dissolution of marriage". Florida is one of the many states that has abolished fault as a ground for divorce and only requires that the marriage be "irretrievably broken". All that has to be proved is that a marriage exists, one party has been a Florida resident for at least six months prior to the petition being filed, and that the marriage is broken. (There is another rarely used ground: incompetency of one's spouse). Fault, however, may be considered under certain circumstances in the award of alimony and determination of custody issues, but even though fault is not an issue, the division of property and possessions and responsibility for support may become contested matters.
Uncontested: The equitable dissolution process is designed to make the divorce as fair as possible to both husband and wife, which usually means negotiation and compromise by both parties. Some couples agree on property settlements, child custody, and other post-divorce arrangements before or soon after the original petition for dissolution of marriage is filed. They then enter into a written agreement signed by both parties that is presented to the court. In such an uncontested case, a divorce can become final in a matter of a few weeks.
Contested: Other couples disagree on some issues, work out their differences, and appear for a final hearing with a suggested settlement which is accepted by the judge. On the other hand, some couples cannot agree on much of anything and a trial with each side presenting its case is required. The judge makes the final decision on contested issues.
Uncontested: The equitable dissolution process is designed to make the divorce as fair as possible to both husband and wife, which usually means negotiation and compromise by both parties. Some couples agree on property settlements, child custody, and other post-divorce arrangements before or soon after the original petition for dissolution of marriage is filed. They then enter into a written agreement signed by both parties that is presented to the court. In such an uncontested case, a divorce can become final in a matter of a few weeks.
Contested: Other couples disagree on some issues, work out their differences, and appear for a final hearing with a suggested settlement which is accepted by the judge. On the other hand, some couples cannot agree on much of anything and a trial with each side presenting its case is required. The judge makes the final decision on contested issues.
Parenting Plans: Recent changes in Florida law require parents of minor children to prepare a parenting plan, which will include a general outline of the overnights and timesharing the children will spend with each parent, including holidays, summer recess from school, and other special occasions. The parenting plan will also outline the parental responsibilities of each parent. Depending on the various aspects in the case, the parenting plan may also detail decision making authority and other issues. The parenting plan will account for which parent’s address is the appropriate one to determine school enrollment, as well as resolve issues relating to the children’s involvement in extracurricular activities and other nonschool related activities. The parenting plan will also provide jurisdictional information to comply with the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act and the Hague Convention. Although not statutorily required, the plan may also include parameters for information sharing, timesharing exchanges, transportation, and even resolution of future parenting disputes.
Marriage Contracts: Marriage contracts traditionally have been divided into two categories: antenuptial agreements (those entered into in contemplation of marriage) and postnuptial agreements (those entered into after marriage, usually in contemplation of separation or dissolution of marriage). In cases where postnuptial agreements are drawn which are not necessarily in contemplation of a separation or dissolution of marriage, such agreements are often referred to as midnuptial agreements (since they are drawn after marriage, but are treated as an afterthought type of antenuptial agreement). All such agreements should facilitate contracting and free expression of the judgment and will of the parties.
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