Divorce Lawyer in Sarasota

Understanding the Divorce Process: A Step-by-Step Guide

Navigating through a divorce can be overwhelming, but understanding the process can help alleviate some of the stress. At Boeller Law, P.A., we believe that knowledge is power. Here’s a brief overview of the typical steps involved in a divorce:

1. Initial Consultation: Meet with our experienced attorneys to discuss your situation and explore your options.
2. Filing for Divorce: Our team will guide you through the necessary paperwork and ensure that everything is filed correctly.
3. Discovery Phase: Both parties exchange relevant information and documents to understand each other's positions.
4. Mediation: If applicable, we will facilitate mediation sessions to help you and your spouse reach amicable agreements.
5. Negotiation: Our attorneys will negotiate on your behalf to ensure your interests are protected.
6. Finalizing the Divorce: Once an agreement is reached, we will assist with the final paperwork to officially dissolve the marriage.

By breaking down the process into manageable steps, we aim to empower our clients and provide clarity during this challenging time. If you have any questions or need assistance, don’t hesitate to reach out to our dedicated team at Boeller Law, P.A.

Is Florida a No-Fault Divorce State?

Florida is a pure no-fault divorce state, which means that the state does not base divorce decrees on any particular faults of either spouse. Many states offer both no-fault and at-fault divorces, but Florida only offers no-fault divorce. Therefore, a couple in Florida can file for divorce based on one of the following reasons:

• A marriage that is irretrievably broken – A spouse only needs to state that the marriage is broken beyond repair in order to get a divorce in Florida.
• Mental illness – If a spouse is mentally incapacitated for three years or more, then the other spouse can use this to file for divorce.

An irretrievably broken marriage is a much more common reason that couples use to file for divorce in Florida since it is often a simpler and faster process.

Does adultery have any effect on the divorce process? While the two faults mentioned above still apply, adultery may influence a judge when evaluating certain issues:

• Child custody - the best interests of the child will always take priority, so if the act of adultery had an adverse effect on the child, the judge may limit visitation or custody for protection.
• Property division - the way property is divided during divorce proceedings may be influenced if assets were used for the affair. This can be seen as wasteful and unfair towards the victim.
• Alimony - when alimony is determined, a judge may increase the amount if he or she feels the victim's financial status was hurt due to the affair.

Separation Requirements for Divorce in Florida

There is no required separation period before getting a divorce in Florida. As long as you or your spouse have been residents of the state for a minimum of six months, you can file for divorce.

Can You Get Divorced in Florida Without Going To Court?

Couples who agree on most of the important issues in their divorce can file for a standard uncontested dissolution of marriage or a simplified dissolution procedure:

• In a standard uncontested dissolution of marriage, only one spouse is required to appear at the final hearing.
• In a simplified dissolution procedure, both spouses are required to attend the final hearing.

However, the court process will be shorter and less complicated than a contested divorce hearing.