A Brief Overview Of Divorce Processes
The breakdown of one s marriage is probably one of the most excruciating experiences one might face in adulthood. Divorces can get messy and more often than not they have severe financial and emotional repercussions, it is therefore necessary that you should try to save your marriage, if possible. Being a resident of the state of Florida, it is essential that you familiarize yourself with the legal aspects of filing a divorce. Hiring a Tampa divorce attorney can help you do just that.
Approaches To Dissolution Of Marriage
In most cases, it is up to the county court s family division to hear divorce requests. Fault and no-fault divorce are the two main categories under which a divorce can be filed. Fault based divorce, as your Tampa divorce lawyer will explain, requires at least one party to be at fault . These may include infidelity, physical or metal abuse or violation of the terms of a pre-nuptial agreement, if any. In contrast, a no fault divorce doesn t require such conditions. Your divorce attorney can file for a divorce on the premise that there are no allegations and the request for divorce is mutual. Incompatibility, compete breakdown of the marriage and irreconcilable differences are the most common grounds for a no-fault divorce.
When A Divorce Is Granted
Divorce cases fall under the purview of state family laws. Applying for a no-fault divorce requires the parties to provide solid proof that the marriage cannot be saved and must fulfill the minimum requirements. In the state of Florida, as you Tampa divorce lawyer will explain, there are two conditions that should be met. The first requirement is that there should be no possibility of saving the marriage. The second condition is that one of the parties should be mentally incapable of handling the responsibilities of the marriage. It is mostly the applicants who must provide proof to support both the conditions. The existence of minor children or the contention of the other party that the marriage can be fixed tends to complicate divorce requests and may influence the judge to suggest alternative means such as marriage counselling, a waiting period of separation and mediation.
Children And Divorce
Often hotly contested between parties, it is better for both parties to settle child custody and support between themselves and have their agreement ratified by the court, but due to the nature of such an agreement it s often advisable to include a divorce attorney in the process. In fact, most states now require divorcing couples to file a parenting plan that will cover the child s welfare. Divorce is granted subject to the fulfillment of these terms and conditions, the parties must come to an agreement and address all the court s concerns regarding child care. If no agreement between the couple is possible, the parties may request the court to decide on how best to deal with child custody.
Alimony And Allocation Of Assets
With the divorce comes the division of financial resources and assets, the court doesn t grant a divorce until property and financial issues have been resolved. The standard practice in most states is to divide all assets equally between the parties involved. Assets are distributed so that the parent who gets child custody gets a share proportionate to his or her responsibilities and expenses involving child care.
When you need to resolve divorce related disputes or contest claims, hiring a divorce lawyer almost becomes a necessity. The principal reasons you would need a lawyer are for legal representation, child custody arrangements and for asset distribution. A divorce, be it a no-fault or an at-fault divorce, it stirs emotions and so, it is essential to keep one s emotions in check to ensure the legal process can work smoothly.
November 14, 2011 at 7:04 pm Comments (0)