Divorce is a part of family law in Florida. The legal term for divorce in Florida is dissolution. Most family law attorneys deal with divorce cases but if you want the best, you must hire lawyers who concentrate on divorce cases. Uncontested divorce is the simplest form of divorce in Florida. It is inexpensive and quick. If you are located in the Tampa Bay area of Pinellas County, a St. Petersburg divorce attorney can help keep your divorce simple.
In Florida you must meet the residency requirements if you want to file for divorce. Your divorce petition will not be entertained by the court if you do not meet the residency requirements. You must be a resident of Florida for at least 6 months prior to the filing of the divorce. If your spouse is in the military, it will affect your divorce proceedings in many ways. While it is still possible to get an uncontested divorce there are certain procedures which must be followed for the divorce to be valid. It is best that you consult with an experienced St. Petersburg divorce attorney. The spouse on active duty must be personally served unless he or she has signed an affidavit waiving personal service. Section 21 of the Soldiers and Sailors Civil Relief Act provides for postponement of the divorce proceedings for the entire time ones spouse is on active duty and for 60 days thereafter. An active duty spouse can however waive this right. An experienced St. Petersburg divorce attorney can review your circumstances and let you know if you meet the residency requirements for divorce under Florida family law.
Uncontested divorce in Florida is simple and can be obtained in three steps:
- You file the petition and start the proceedings by serving the petition on your spouse.
- You and your spouse negotiate and sign a marital settlement agreement which determines the division of property and issues relating to alimony, child support, child custody and visitation, all papers are filed with the court.
- You attend a brief court hearing to testify to your Florida residency and that the agreement was signed voluntarily.
There is no trial in an uncontested divorce. Once you file the marital settlement agreement in court, it must be approved by the court. Unless there is some clause in your marital settlement agreement that violates some federal, state or local law, your marital settlement agreement will be approved. A marital settlement agreement is probably the most important document in an uncontested divorce. A martial settlement agreement contains the agreement reached between the spouses on property distribution, support and custody. It should provide for:
- Distribution of assets and debts
- Child support and Visitation rights
- Alimony and child support payments
- Parenting responsibilities
- Mechanisms for resolving future conflicts
An experienced Florida divorce attorney can assist you with the paperwork and the drafting of the marital settlement agreement. Your martial settlement agreement must be approved by the court. The court will not approve your martial settlement agreement unless it is in accordance with law. The attorney will take care of the filing and service. The attorney can also advise you on whether you meet the state residency requirements. Your divorce won't be valid unless the court that grants it has what's called "jurisdiction" over you and your spouse.
If you are located in Tampa or Pinellas County and you are contemplating divorce and your spouse is willing to co-operate, contact an experienced St. Petersburg divorce attorney. The attorney can assist you with the marital settlement agreement and help you keep your divorce simple. Remember the State of Florida is a no fault state. There need not be any fault for seeking divorce in Florida. So if you and your spouse mutually agree to separate, then you can easily obtain a divorce in Florida. You will not be required to prove fault. An experienced St. Petersburg divorce lawyer can get you a divorce with just a signature when there are no contested issues between you and your spouse. In an uncontested divorce the court hearing does not take longer than 10 minutes. An uncontested divorce may sound simple but do not attempt self filing. It can prove costly. Divorce laws are complex. Consult with an experienced St. Petersburg divorce attorney