Florida is one of many states that has abolished fault as grounds for divorce. This law lessens the potential harm to the husband or wife and their children caused by the process of divorce. All that is required is that the marriage be "irretrievably broken". Either spouse can file for the dissolution of marriage. Another little known ground for divorce is incompetency of one's spouse. Fault, however, may be considered under certain circumstances in the award of alimony along with the determination of child related issues.
Many divorces are uncontested, which means that both parties agree to all the terms of their divorce. The rest of the divorces are contested, which means that there is one or more issues that the parties are unable to agree on. Typically, mediation is scheduled to take place with a Florida Certified Mediator in either the Ft. Lauderdale or West Palm Beach area, so the parties can attempt to resolve the outstanding issues in a neutral environment. Mediation is usually not scheduled until the parties have complied with financial discovery requirements
While fault is not an issue, each divorce case is unique. The only legal advice that can be given marital partners is by an attorney. In a divorce action, it is important to understand that not only are you severing emotional and familial ties, you are also splitting property, assets and debts. Questions concerning your legal rights in a divorce, your children's rights, property rights, and your responsibilities resulting from the marriage may be addressed during the free consultation with attorney Cari Stevens at ACTION FAMILY LAW PRACTICE, P.A.
If there are minor children, a parenting plan and child support must be established in an action for divorce and divorce attorney Cari Stevens will assist you. It is policy in the State of Florida to assure each minor child continues to have contact with both parents after a separation or divorce, and to encourage parents to share the rights and responsibilities of child rearing. In a divorce proceeding, the husband is given the same consideration as the Wife in determining custody, regardless of their child's sex or other factors. Court procedures must be strictly followed or one party may lose certain rights forever.
Call attorney Cari Stevens, Esq., for a free consultation today at (561) 650-0229 or (954) 828-1941.