Many people believe that divorces involve the separation of marriages between spouses. While this may be true, there are several other factors that must be considered during a divorce in Florida. Divorce proceedings in Florida require spouses to exercise patience, submit time-sensitive documentation and evidentiary support, and cooperate with the legal system and each other. Depending on the length of the marriage, the financial state of each spouse, and the grounds/reasons for the separation, a Florida divorce may be prolonged and complicated.
To understand the varying factors and components of a divorce, how to prepare for court proceedings, and the benefits for which you may qualify, you can always rely on experienced Boca Raton divorce lawyers at the Law Offices of Theodore H. Enfield, P.A.
Divorcing In Florida
Florida divorces are not easy processes for anyone. There are many factors to be considered and multiple forms of assets/property to be calculated. Because divorces involve more than just the separation of spouses, it is best to contact an experienced divorce lawyer in Boca Raton. From assistance with alimony and annulments to divorce appeals and governing documents, family and divorce lawyers at the Law Offices of Theodore H. Enfield, P.A. provide guidance and representation you can count.
Dissolution of Marriage
In the state of Florida, a divorce (or legal separation) is also known as a dissolution of a marriage. In other words, a divorce dissolves the union shared between two people. There are many reasons why spouses may decide to divorce. However, such reasons must be legally acceptable in order for a divorce to be granted. In most cases, a petition for dissolution of divorce has to be granted by a circuit judge. The two most common reasons for divorce are 1) a party’s legal incompetence for at least three years; and 2) irreconcilable difference within the marriage. Divorce lawyers in Boca Raton can help you understand how qualifications for divorce in the state of Florida are met as well as help you present convincing evidence to courts to prove that a divorce is indeed necessary.
Types of Divorce
There are several varying types of divorces. The type and scope of the divorce typically depends on the willingness of the spouses to cooperate with each other and agree on the terms and conditions of the divorce. When couples are unable to work together, the process of divorce can be prolonged and complicated. For strong representation during your divorce process, rely on a divorce attorney in Boca Raton.
No-fault divorces are unique to most types of divorces in that they do not require extensive proof of why a divorce is necessary. In most cases, couples may file for a no-fault divorce by declaring that the marriage is irreconcilable, incompatible, or permanently broken. As the name implies, a no-fault divorce does not place blame on any individual for the breakdown of the marriage.
Meanwhile, at-fault divorces require spouses to prove that an individual is at fault for the disintegration of the marital union. Infidelity, for example, may be grounds for an at-fault divorce to be granted by a court of law.
Summary divorces allow spouses to decide on the major terms and conditions of the divorce before the divorce is granted. This allows for an easier process. However, there are eligibility requirements that couples must meet to qualify for a summary divorce. These qualifications may include short-term marriages (no longer than five years), lack of children, minimal or no property, and a low marital property (less than $35,000). If these conditions are met, spouses are likely to be approved for a summary divorce.
Why are there qualifications for a summary divorce? The process of divorce
tends to be much less complicated when children and large assets are not involved.
When parties involved in a divorce are able to adopt plans and agree to child custody arrangements, property distribution and forms of support, it is considered an uncontested divorce. The parties will sign a marital settlement agreement on such terms and will present it to a family court. The final conditions of the divorce will be determined and/or approved by the judge in order.
Contested divorces are the most complicated types of divorces in the state of Florida. These types of divorces present unique challenges because the parties involved are unable to meet commonality on the terms and conditions of the divorce. After all forms of negotiation tactics fail, a divorce becomes “contested.” In such a case, a jury or a judge is required to determine the outcome of the divorce (including child custody arrangements, property distribution, etc.).
Lastly, mediated divorces are ideal for spouses who desire ongoing dialogue to understand the issues of the marriage and the options for moving forward. A professional mediator will meet with spouses during private sessions in efforts to reach a resolution. However, the solution that is reached is not binding. Further, the professional mediator has no obligation to present the findings to a judge. He/she is only required to notify the judge if/when a final governing decision is reached.
With so many different types of divorces in the state of Florida, it is best that you undergo research to choose the most suitable option for your unique circumstance. A Boca Raton divorce lawyer can help you understand the similarities and differences with each approach, and how best to apply them. Every couple is different; every marriage is different. Thus, the type of divorce proceeding that works for your family will depend on several factors.
Arbitration & Divorce
Often, divorce proceedings can be prolonged. When divorce proceedings are delayed, spouses have the option of selecting an alternative approach known as arbitration. In an arbitrated divorce, a neutral attorney who is not originally involved in the case resolves the issues. Arbitrated divorces do not involve juries, trials or judges.
Divorces and annulments are similar legal processes because they both achieve the same goal: the dissolution of a marriage. However, unlike divorces, annulments permanently delete evidence of a marriage. An annulment treats the marriage as if it never existed in the first place, thereby making the marriage null and void. There are special considerations for annulment guarantees within the state of Florida. The most common conditions are:
- Fraudulent Activity / Misrepresentation
- Mental Incapabilities
- Lack of consent
- Forced conduct
To be approved for an annulment in Florida, evidence of such conditions must be presented to demonstrate to a court of law that the marriage was illegitimate from the very beginning. Because Florida Law upholds marriages as sacred unions, it is best to contact an experienced divorce lawyer for assistance. Annulments are not granted easily or commonly.
Alimony / Spousal Support
Florida law and courts perceive and treat marriages as sacred unions between people who deeply care for each other. Judges understand that immense time, effort, energy and money are dedicated to marriages. For long-term marriages, divorces can present a sudden harm to each individual’s emotional and financial well-being. Florida divorce laws seek to preserve the standard and quality of living for divorced spouses. The following conditions are considered when determining if alimony and/or spousal support should be granted:
- The type and scope of employment of each individual
- The income and expenditures of each individual
- The skills and talents of each individual
- Each individual’s potential to reenter the workforce (or be retrained)
- The assets, real property and debts of each individual
Child support may also be considered for custodial parents with little to no income.
Whether a divorce is finalized through an agreement or court order, the terms and conditions of the divorce are immediately binding. As such, divorced spouses are expected and required to adhere to the final judgement set forth. If you are placed in a position in which you believe that the terms of the divorce are unsuitable and/or unfair, you have the right to file a motion of appeal with a higher court. Know that divorce appeals are not easy and it is best that you allow a Boca Raton divorce attorney to represent you during the process, as compelling evidence and stronger support is needed to prove that the original conditions of the divorce are unsatisfactory.
At the Law Offices of Theodore H. Enfield, P.A., we have seen our share of heated disagreements during a divorce. Often, these disagreements could have been avoided with a simple prenuptial agreement. Prenuptial agreements are legal documents that make divorces much easier to navigate. Prenuptial agreements are established between couples before they enter a marriage. The terms and conditions outlined in the prenuptial agreement depends on the preferences and needs of each couple. Usually, prenups include how a marriage will operate (the roles and contributions of each individual) and how the assets will be distributed in the event that a divorce becomes necessary. Because the document is legally binding, the terms of the prenuptial agreement must be adhered to during a divorce proceeding.
If you have questions about creating a prenup or need advice for modifying an existing prenup, contact our Boca Raton family law firm today.
Similar to prenuptial agreements, postnuptial agreements are legal documents that govern the marital conditions between two people. Unlike prenuptial agreements, postnuptial agreements are established after and/or during the marriage. Spouses must be careful to enact terms and conditions that are agreeable and suitable for the marriage. For assistance with a postnuptial agreement, rely on the Boca Raton divorce lawyers at the Law Offices of Theodore H. Enfield, P.A.
Divorces are complicated legal proceedings. Often, animosity and tension exist between a married couple which may hinder each individual’s level of cooperation and support. To avoid further damage and ensure a smooth divorce proceeding, most judges assign standing orders. These documents outline the rules, requirements and expectations of each individual. They typically include:
Mandatory parental contact with children
Despite what may have led to the need for a divorce, both parents should have equal and constant involvement with the children and time spent with the children. This helps to prevent unnecessary harm and confusion to children who may not fully understand the implications of a divorce.
Courses on parenting techniques
In some cases, court-approved parenting courses are assigned. The training assists with helping children understand how the dynamics of the family will change after a divorce and how to tend to the needs and feelings of the children involved.
Total honesty, truth and integrity (especially with regard to one’s assets and property)
Fraud and/or misrepresentation of one’s total assets may result in accounting evaluation errors, which may contribute to an unfair or inequitable distribution between spouses.
Inability to relocate
Divorcing parents are not allowed to move to a location farther than 50 miles away from their current location with a child unless extenuating circumstances are presented to the court and approved.
Inability to accrue further debt
If debt accrued during the divorce process is not for the purposes of ordinary, daily expenses, then additional collection of debt is frowned upon and punishable, as it may distort the final property/asset distribution between each spouse.
Standing orders are serious, legal binding documents that divorcing couples are expected to understand and follow. Disobedience of such orders are grounds for punishment.
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Divorce Lawyers in Boca Raton
Divorces are often called messy, nasty and acrimonious, but they don’t have to be. With a divorce lawyer in Boca Raton, FL, who is willing to do what’s best for everyone involved — especially your children — a divorce can civil. Whether it is regarding prenuptial and postnuptial agreements, alimony/spousal support, child support/child custody arrangements, annulments, or divorce appeals, our empathetic Boca Raton family law firm is here for you.
At the Law Offices of Theodore H. Enfield, P.A., our divorce and family lawyers in Boca Raton sincerely understand what your family may be experiencing during a divorce. We will help you understand your rights, responsibilities and privileges during a divorce; how to prepare for court proceedings; and how to present compelling evidence to a court of law. With our Boca Raton divorce attorneys, everything about Florida divorce becomes simpler.
Contact our Boca Raton family law firm for guidance, support and representation during this taxing time.