The divorce process is always a difficult path for an individual. It’s always a case when things have gone wrong for the past some time and one is already very disturbed, and the last thing someone wants would be a typical and tiring process of divorce. Thankfully, a divorce attorney remains the best option to seek all the vital information and collect the answers to your every question about the process ahead. It is often a case when you and your partner can’t agree on most of the terms because of the already conflicting thoughts, so a law attorney will assist you both incoming onto mutual terms and decisions. There is a lot of important document and paperwork that has to be completed and submitted and even the slightest of mistake can land you in some sort of trouble, so it’s always a better idea to make sure that an attorney review all your paperwork before you proceeds for the final submission. It is important that an attorney makes you aware of all the rights you have by your side and release some unnecessary pressure from you. There are a lot of divorce lawyers in Tampa, Florida who are working tediously to help you assure that you are not deprived of your rights and the process doesn’t end up becoming a headache for you.
Legal separation
Once you are assured of the legal separation, there are lots of other things which you can concentrate on and get settled. One of them could be spousal support; one has to file a petition to proceed with the process of getting the terms settled for the support. Remember that everything is on paper and that is the very basis of the proof in hand. Other important things include the division of assets, also who gets to keep the custody of the child, and who has to lend support to the Children. A divorce attorney will assist you in understanding all these terms more closely and make you learn about the process you have to follow to get all the things settled most easily.
The opportunity for a trial separation
A trial separation is very much possible when you and your partner have mutually decided to start living separately even before any Involvement of the court. Coming to terms with your spouse will rather make the process plain and simple. You can decide when to end the trial separation, come up with a decision about who will have the child custody and all the terms including the arrangement of finances for children regularly should be finalized. If the agreement could be finalized on paper that will give both the parents a good amount of confidence and the proceeding become a lot easier. A trial separation can sometimes be more than enough to come up with mutual consent and finalize their terms. If there are still some problems that exist, anyone can directly contact a divorce attorney and can understand to file a petition in court.
What are the requirements for filing for divorce in Florida?
You have to be a resident in the state for at least 6 months if you wish to file for divorce in Florida. Either of the two people has to reside within the state while the process is ongoing. One has to understand that Florida is a no-fault state, so a divorce proceeding cannot be initiated based on bad behavior or anything similar. Equation of fault nature cannot enter the proceedings. It could only be considered when it’s about the custody of the child and alimony hearing.
The uncontested divorce
This Is a very peaceful type of proceeding where both the partners cover a common ground and come onto term agreeing about most of the things peacefully. All the assets involved are divided with mutual consent of the partners and if there is any kind of pending marital debts they are also divided on an agreed proportion. Topics like the custody of the child and alimony are also mutually agreed upon. Within the time frame of 45 days after your divorce paper is served you have to submit a financial affidavit. A final divorce hearing is arranged by any divorce lawyers in Tampa, Florida, or any other part of the state and then your process is finally concluded.
The contested divorce
This does happen in a lot of the cases when you and your partner are not able to come to terms about a lot of things or maybe a few things, such as on the issue of marital assets or the proportion in which the debts needs to be divided or maybe about the child custody and thus the situation leads us to the contested divorce. The one who files for the divorce is termed as the petitioner and the one responding is called the respondent. Proper trials are arranged in such a case and the judge takes note of every happening from the very starting. Petitioner has the responsibility to attend all the hearings. Respondent has to be active and attend the trials accordingly. Once the trials are over, justice is served according to the written laws by the judge.
How is this different from other states?
There are few states which allow the couple for legal separation. They can decide upon the matter during the proceedings of the divorce but will remain married until then.
How do we approach same-sex divorces?
The proceedings for same-sex couples are also pretty similar. They will have to file for divorce in the jurisdiction of the place where they are residing. And very much like the latter case they at least one of the people should be living in the state for a minimum span of 6 months. The couple will have to prove that their relationship is irretrievably broken. So pretty much like the opposite-sex couple, the marriage of the same-sex couples will be dissolved.
There are cases when the same-sex couples agree on most of their divorce terms and therefore can enjoy the benefits of having an uncontested divorce. If there remain some issues that the same-sex couples are not coming to terms with and have conflicts over it, they can also file for the contested divorce and the proceedings will start accordingly.
What happens to the kids?
If the couple Is happily agreeing on what happens to their kids, with who do they get to live and who will take care of their finances, if all these things are sorted, then it is in favor of everyone and no other thing is applied. But in cases when the couple does not meet the consent, the judge hearing the proceeding will ensure the right of the kids and all the things will be decided for what is in the favor and best for the child.
We at Galewski Law Group have an experienced team who can help you connect with the best divorce lawyers in Tampa, Florida. We understand how fragile these moments are for an individual, thus we take the best care of the people and try to solve all the issues with our experience and efforts.
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