What You Should Know About Divorce

Chad M. Layton, Esq.
December 12, 2012

What You Should Know About Divorce

First, you do not need the consent of both spouses to end the marriage.  Florida law requires, among other things, that one spouse properly petition the Court for a dissolution of marriage and allege, “Irreconcilable differences exist and the marriage has been irretrievably broken.”

In many cases, ending the marriage is one of the simplest legal issues your attorney will handle in the divorce process.  This element of the divorce essentially changes the legal status of each spouse from “Married” to “Single”.

Of course, divorce is not that simple.  The other issues to be addressed in divorce include:

  • Parental Responsibility (Time-Sharing & Parenting Plan)
  • Equitable Distribution (Asset and Liability Division)
  • Alimony
  • Child Support
  • Mediation
  • Marital Settlement Agreement
  • Temporary Relief & Final Hearing

The more complicated legal issues outlined above can be resolved with the assistance of a qualified divorce attorney.  Your attorney should act as your advocate and professional guide through each stage of the Divorce process.  These stages include:

(1) Planning for the divorce and clearly establishing your goals as the Client;

(2)  Preparing all pleadings to be filed with the Court on your behalf;

(3) Filing all discovery required by the Court;

(4) Carefully reviewing all discovery filed by your spouse and in some cases requiring your spouse, or their attorney, to file additional discovery to provide a more complete and accurate financial disclosure.

Once these steps have been completed, meaningful settlement negotiations may begin.  The negotiation process takes time and in most cases requires a formal mediation.  At mediation, both parties and their legal counsel must be present. 

Mediation is a valuable tool which often times results in a Final Marital Settlement Agreement.  A properly negotiated Marital Settlement Agreement allows the parties to resolve all issues of the divorce in a timely manner and avoid expensive litigation and further stress associated with the uncertainty of what the Judge may or may not do.

Divorce is a difficult process.  The attorney you select to be your guide and advocate through this difficult time should focus their practice in Divorce to assure the best available long term solution for you and your family.

To learn more about our divorce services, please explore: LaytonLawOffices.com

To schedule a consultation with Attorney Chad Layton, call (561)585-4631 or E-Mail: cmlayton@hwml-law.com


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