DivorceAre you considering a divorce? Going through a divorce is an unquestionably emotional time for anyone. It is important that you have an attorney on your side who understands the law regarding divorce in Florida.
Types of Divorce
Contested Divorce v. Uncontested Divorce
A contested divorce is a divorce in which the parties do not agree on some or all of the terms of the divorce, whether that be division of property or issues related to the children. If a matter is contested, the issues will be presented to a Judge who will impart a ruling in the form of a Final Judgment.
An uncontested divorce is a divorce in which the parties agree on all terms of their divorce and have memorialized their agreement with respect to their assets, child, child support, alimony, etc. in a Marital Settlement Agreement or Mediation Agreement. The Agreement will be ratified by the Final Judgment of Dissolution of Marriage at a short Final Hearing.
If you have decided to end your marriage, one option for obtaining an uncontested divorce is having a properly drafted Marital Settlement Agreement, which should be written by an experienced attorney who will protect your interests and ensure that what you have orally agreed to is binding and legally enforceable. Make sure your Marital Settlement Agreement specifically and accurately addresses such issues as child support, obligations to pay marital debts, and tax liabilities. Often these issues are inadvertently left out of agreements, and parties have to spend thousands of dollars in future legal fees to correct the omissions. A Marital Settlement Agreement can be submitted to the court and avoid litigation and expense. This type of agreement can also be used in modification actions. Contact the lawyers of Pates Law Group to facilitate skilled negotiation and draft your family law agreement. Schedule your initial consultation today and tell us more about how we can help you.
For other considerations for resolving your case in an uncontested manner (avoiding a judicially-imposed outcome) see Mediation and Collaborative Law.