Working With Family Law Clients in Palm Beach County

Many people enter divorce proceedings with a misconstrued understanding of what it actually entails. The way the end of a marriage is portrayed in television shows and movies is rarely what it looks like in real life, and even the process your parents or other friends and family members went through to get a divorce years ago can look very different from the court procedures now. It’s critical for anyone going through or considering divorce to have a thorough understanding of the process, including the statutory guidelines and what to expect.

If you have questions about getting a divorce in Florida, Winthrop Law Offices is here to help. We will explain how property division works, whether alimony may be a factor in your case, and what to expect regarding parental responsibility and time-sharing with your children. Call (561) 209-0410 to schedule an appointment with a family law and divorce attorney at our firm.

What Are the Grounds for Divorce in Florida?

Florida is a no-fault state for divorce, which means that you don’t need any specific grounds, such as infidelity or abuse, to file. There are two paths for a dissolution of marriage in Florida, which is the term the state uses for divorce. The first and most common is to testify that your marriage is “irretrievably broken,” which means that there is no hope for a reconciliation. It’s important to note that only one party needs to testify to this for a dissolution to be granted. The second way to get a dissolution of marriage is if your spouse has been adjudicated mentally incapacitated for at least three years before the divorce petition filing.

While marital misconduct isn’t required to get a divorce, it can still be an essential factor in the settlement itself, typically when there is a claim for dissipation of marital assets or liabilities. The courts have a very limited ability to consider adultery, abuse, and any other factor that’s relevant to ensuring a fair and equitable settlement, unless there has a dissipation of marital assets. This is true in both matters of property division and financial support, such as alimony. If you have evidence of domestic violence, infidelity, or intentional wasting of marital assets, talk to an attorney about how this could be a factor in your case, as it entails a specific and limited application.

Is a Divorce Trial Required to End a Marriage?

While litigation is an option in a contested divorce if the parties aren’t able to reach an agreement on the terms of the dissolution, it’s not a requirement. Many divorces do not go to trial, and the parties are able to reach a mutually agreeable resolution through out-of-court negotiations or mediation. A divorce trial is generally a last resort, and it’s essential to understand the full impact of what this means.

Litigation means that you will be giving up control over the decisions that can affect your family most, and a judge will make the determination about what is fair in your divorce settlement and what parental responsibility and time-sharing arrangement is in the best interests of your children. If this is something you want to avoid, approaching negotiations with an open mind and a clear end goal can help you identify your priorities and avoid getting caught up in fighting over something that doesn’t really matter in the end.

How Long Does It Take to Get a Divorce in Florida?

Marital and family law cases are complex, and as such, there’s no way to give a definitive time for how long one of these cases may take to resolve. The absolute fastest a divorce can be finalized in Florida is 20 days after the original petition was filed because this is the waiting period required by Florida divorce law. However, it’s not uncommon for it to take several months to work through all of the issues. An uncontested divorce where the parties agree on all the terms is generally much faster than a contested divorce that requires a trial. The divorce timeline also depends in part on the court’s schedule and the complexity of the issues, such as whether it’s a high-asset divorce or if there are disagreements about parental responsibility and time-sharing.

Working with our team of family lawyers can help you expedite the divorce process by ensuring that there aren’t any mistakes with filings or other issues that could cause procedural delays. Being available to respond quickly to communications from our team or requests from the court and keeping an open mind during the negotiation process can also help speed the process up.

What Happens If Your Spouse Disagrees?

While it’s certainly easier if your spouse agrees that the marriage is over and about the terms of the divorce, it’s not required for the proceedings to move forward. It just makes it a contested divorce and can complicate the legal process. In general, the same court deadlines still apply to a contested divorce, but the judge may order the parties to go through mediation to try to come to an agreement on the various family law issues involved. The judge will decide on all matters that aren’t able to be agreed upon.

Many people think that they can keep a divorce from happening if they refuse to respond to court filings or participate in the process, but this creates additional legal challenges and draws out the process. If you’ve filed for divorce but your spouse is refusing to cooperate, our firm can help you determine your next steps.

How Can You Protect Your Rights and Interests During the Divorce Process?

Getting the proper legal guidance early on can help you protect your rights and interests as you navigate the divorce process. Family law matters involve many details and moving parts, and working with an experienced family law attorney can help you stay on track. Whether you’re making decisions about child support and time-sharing or property division and alimony, an attorney can explain what Florida law allows and what legal strategies you can use to support your case. If you have a prenuptial agreement, this can help simplify the process, but you’ll still need an attorney if you want to request that the prenup be thrown out or if you have other matters not already covered, such as child support and custody.

If you’re not sure what your next steps should be, Winthrop Law Offices is here to make sure you don’t have to go through this process alone. Call (561) 209-0410 to speak with a family law attorney.