I don’t really need to remind you how tough, expensive, and challenging a divorce process can be. However I know the litigation process often comes with so many things that you might not be able to grasp or a huge chunk of legal jargons that aren’t your specialty. Because of these I sat to compile some of the frequently asked divorce questions that any professional divorce attorney in Miami should be able to help you with.
Must I Use A Court To Get A Divorce?
Yes. In Miami and typically the state of Florida, divorce must be granted by a judge. Actually the state of Florida is a “no-fault” divorce state and anyone can simply get divorce by claiming that a marriage is ‘irretrievably broken” or “broken beyond repair.” The court process makes it binding by law and gives the judge an opportunity to resolve other contentious matters such as the child custody, division of property, and other issues that the couples cannot agree on.
Can I Qualify For Simplified Divorce?
Yes. In Miami you qualify for simplified divorce procedure. This is usually available in divorce cases where you and your soon to be ex-spouse agree on certain issues extensively. In simplified divorce cases in Miami the following circumstances apply. First at least one of you must have lived in Florida for at least six months before filing for divorce, next you don’t have kids who are below 18, none of you is seeking any alimony, support, of financial help from the other, and that you have agreed on how to divide your debt, property, and walk out of your irretrievably broken marriage.
What Is Equitable Distribution Of Assets In Divorce?
In Miami when a court is asked to divide the assets of any divorcing couples, it is required to do so in a way that’s fair for both parties. Meaning that the settlement that you walk out with should be deserved and so should that of your ex – spouse. But this doesn’t usually mean an equal split. The court considers a number of things including the circumstances and financial situation and needs of each spouse and in turn factors them in the division of wealth. This is what is often said to be equitable distribution of assets.
Must The Judge Decide On What Happens To My Kids/ Assets?
As a highly experienced divorce attorney in Miami told me many divorce cases can be legally settled through mediation other than stressful litigation – but you’ll still need a judge to grant your divorce. Meaning that if you and your soon to be ex-spouse can resolve every sensitive matter through a well developed settlement and mediation plan then it can be presented to the court for approval and you won’t need a judge to decide on your most valued concerns such as child custody and support or asset division.
Do I Need To Hire A Divorce Lawyer When Divorcing?
No. You don’t have to. However it is strongly recommended that if you are considering a divorce in Miami, you should seek the services of a lawyer since they will help in guiding you through the process, making key decisions that will ease stress, and ensure you walk out with a fair share of settlement.
With the help of a professional divorce attorney in Miami you will be able to experience smooth litigation process and understand all the intricacies that come with a divorce process.