About the Divorce Process
If you are considering divorce, you may have questions regarding what is involved in the overall divorce process. From establishing residency, to deciding on what type of divorce you would like to pursue, to receiving the final divorce decree, an experienced Winter Springs divorce attorney from our firm can assist you in understanding the divorce process and helping you reach a favorable outcome. For many people, they fail to realize how complex the process can be when they attempt it alone. There are many advantages to working with an attorney and you can learn more by contacting our office for a consultation.
No Fault Divorce
A divorce is technically referred to as the “dissolution of marriage” in the state. If you currently reside in the state of Florida, you may file a petition for a divorce once you or your spouse has established residency. Contrary to what is commonly thought, you do not file for divorce in the state in which you were married. In order to file a petition for divorce you must have grounds for the divorce, which in Florida can only be irreconcilable differences or the mental incapacitation of one of the spouses. The divorce can be filed by you or your spouse. Florida is a no fault divorce state, so therefore no one needs to be at fault and fault will not be considered when granting a divorce. It will be necessary to show that the marriage does in fact exist, that you or your spouse have been a resident of the state for at least six months from the time the petition is followed and that the marriage is broken beyond repair.
Depending on the specific circumstances and details surrounding your divorce, you may file a petition for a simple divorce, an uncontested divorce, a contested divorce or a collaborative divorce. In the regular dissolution process, the petition will be filed with the circuit court in the county that you and your spouse last lived together while married or it can be filed in the county where either one of you lives. After the petition is filed, you or your spouse will be served and will need to respond with an answer within 20 days. At this point, the issues of the petition will need to be addressed and a counter petition can be made.
A more amicable way to handle your divorce is to proceed through the collaborative process. An amicable divorce attorney, which to some seems like an oxymoron, who is trained in the collaborative process can help you and your spouse through the divorce process without using adversarial litigation. If you are looking for an amicable divorce attorney who is trained in the collaborative process then contact John to discuss your case.
In a simplified dissolution of marriage, the process can be easier, but you and your spouse will need to agree that you are going to work together to find a solution and you must both appear in court. In a regular dissolution, if a resolution cannot be made together, the case may need to go to court to gain a final outcome. A divorce will include many important areas and issues such as property division, alimony, child custody, child support and other factors will need to be decided upon. Once you have gone to court and finalized all issues, or in the case of a collaborative divorce settled all issues outside of court, there will be a divorce decree or final court orders issued. The divorce process may appear to be confusing and overwhelming venture, but with the help of a knowledgeable divorce attorney from our firm, you can get through the process informed and with confidence.
Working With a Winter Springs Divorce Attorney
Since 1996 John M. Iriye, P.A. has assisted clients and we bring over 15 years of divorce litigation experience to your assistance. We will pursue a favorable outcome to your divorce proceedings. We understand that divorce can be a painful and trying time in your life and we are ready to support you with the necessary time and resources you deserve during this process. We take the privilege of representing you very seriously and will advocate tirelessly for your cause. Contact a Winter Springs divorce lawyer from our firm today to learn how we can help you with your divorce.