Divorce (Dissolution of Marriage)
Florida is a no fault divorce state. This means that a party seeking a divorce (formally called “dissolution of marriage”) does not need to allege or prove misconduct on the part of their spouse in order to be granted a divorce. A spouse seeking a divorce merely must allege and show that the marriage is “irretrievably broken”. In order to file for divorce in Florida one of the parties must have been a resident of the State of Florida for six (6) consecutive months prior to the date the divorce action is filed.
Divorce actions in Florida can proceed on a contested or uncontested basis. An uncontested divorce takes place when both parties have resolved all of the issues in their case. This would include equitable distribution of assets and liabilities, a parenting plan outlining each party’s contact rights with any minor children, child support, alimony and any other issues which may exist in each individual situation. If both parties are in full agreement on all issues, a Marital Settlement Agreement can be drafted and, if signed by both parties, the dissolution can be brought to a conclusion on an uncontested basis. Although one attorney may prepare all of the paperwork in an uncontested divorce proceeding, that attorney cannot represent both parties. The attorney can only give legal advice to his client, and if the other spouse seeks independent legal advice they must consult with an attorney of their choosing. In many uncontested divorce cases the parties find that it is not necessary for a second attorney to become involved.
A contested divorce proceeding is initiated when the parties cannot resolve all of the issues existing in their case. These disputes may be with regard to equitable distribution of assets and liabilities, a parenting plan and/or child support for the minor children, alimony or any other issues which exist in each individual case. If a contested divorce is initiated, the other party is served with the Petition for Dissolution of Marriage along with a Summons allowing them 20 days to file a Response. During the course of a contested divorce proceeding there is a mandatory exchange of financial documents so that each party has all of the necessary financial information in their possession to prepare their case. All parties are required to attend mediation prior to obtaining a trial date to resolve their case in front of the Judge. Many contested cases settle either prior to or at mediation. If mediation is unsuccessful, then a trial date is set, all of the evidence and witnesses are presented to the Court, and the Judge makes the final determination as to all of the issues in dispute.
At an initial consultation in our office, Mr. Cotter or Mr. Zelman can discuss with you your various options and rights so it may be determined if your case will proceed on a contested or an uncontested basis. Either way, we will advise and guide you through each phase of this process. Our firm believes that all efforts should be made to reach an amicable resolution in a divorce case. However, if your case must be tried before the Court, both Mr. Cotter and Mr. Zelman have lengthy and extensive experience trying cases, and have handled many cases involving issues related to minor children, alimony, and other complex financial issues.
