Florida law establishes the rules married residents of the state must follow if they wish to get divorced. While some couples quickly agree on the terms of a divorce and are able to end the marriage relatively quickly, others remain in litigation for months or even years. When the parties are in agreement on ending the marriage, the division of shared property, child custody and support, spousal support, and finalizing all document, the divorce is deemed “uncontested” and will likely proceed quickly.
Each party in an uncontested divorce in Coral Springs usually retains a divorce attorney to facilitate the process. Because a family lawyer is not permitted to represent both sides in a divorce case, he or she is unable to advise the opposing party. If the other party is “pro se,” or chooses self-representation in the divorce action, a lawyer may meet with both parties; however, he or she may not advise the pro se party.
If both parties are in agreement on terminating the marriage, each divorce attorney will work with his or her respective client to review the relevant issues and prepare documents needed to initiate the divorce. If appropriate, the lawyers will prepare a settlement agreement to finalize distribution of marital assets and liabilities, child custody, child support, spousal support, and alimony. The divorce attorney designates non-marital assets and liabilities at that time. Once parties agree on all terms, they sign a written agreement. The lawyers then prepare the necessary documents to finalize the divorce, file divorce pleadings on their clients’ behalf and schedule a court hearing before a Broward County judge.
In the interest of preserving time, energy, and financial expense, most Coral Springs spouses who decide to end their marriage strive for an uncontested divorce. If properly executed, the case is prepared and settled before court papers are filed. Parties discuss, prepare, sign and settle all aspects of the case.
Couples who produced a child together during their marriage must plan for the continued care of the child. One of the most important parts of the uncontested divorce case is the preparation and filing of a parenting plan. Parenting plan details include:
Writing a detailed parenting plan is a challenging task. A Coral Springs divorce attorney who is experience in child custody and parenting issues can prepare these critical documents on your behalf.
The judge hearing your case is likely to appreciate the parties’ ability to negotiate and present their parenting agreement. Parents in this scenario typically have a higher probability of achieving co-parenting success after divorce.
Divorcing couples are not legally required to hire an attorney to complete the divorce process in Florida. However, family law is complex, and if your spouse has lawyered up, you could walk away with an extremely unfavorable deal, even in an uncontested divorce.
Couples who find that they are able to reach an agreement on their own should ask a lawyer to review divorce documents prior to moving forward. Family courts are unable to answer questions about the case or provide legal advice. Therefore, each party should meet with a divorce attorney in the interest of adequately protecting his or her rights. Failure to do so could mean loss of property or custody rights.