This article was written based on the information provided in the Official Florida State Statutes Chapter 61 Section 052 (Dissolution of marriage)
Divorce can be quite a simple and easy process when both parties mutually agree and no children are involved. In a situation such as this one, divorce can be as simple as filing a form. In Florida, a couple can file for divorce as long as one of the individuals has been a registered resident of the state for six months.
In general, dissolution of marriage can be granted if one of the two conditions are met:
• the marriage is irretrievably broken
• one of the parties has a mentally incapacity
In the case of the marriage being irretrievably broken, the court will aim to confirm that the marriage is indeed irretrievably broken. As long as both parties agree to the divorce, the court will easily proceed. However, it will not be this simple if a child is involved or if the divorce is not mutual. Under these circumstances, the court will order both parties to consult with a professional such as a marriage counselor, priest/rabbi, or someone qualified by the court.
During this time, the court can draw the divorce out for up to 3 months to grant both parties enough time to reconcile. And in the case of a child being present, the court will take actions that are in the best interest of the child. Throughout this process, the court may determine that the marriage is not irretrievably broken and reject the divorce.
If the divorce process is being drawn out, the court may determine appropriate orders for issues such as alimony, child support, etc. Another important thing to know about having a divorce with children involved is that both parties will be required to attend a parenting course. This will help the parents create a parenting plan, learn how to put the child’s interests first, and ensure the child is raised in a healthy environment.
There is much more to divorce proceedings than this, and it is wise to read through the official Florida statute on this subject (provided above). It isn’t necessary to hire a divorce attorney for a simple dissolution of marriage. But you will most certainly want to consult with one if the divorce is not mutual, there are children involved, or there are disputes about assets, obligations, and custody.
Consider contacting the law office of Mark McMann, P.A. for an experienced divorce attorney in Lakeland Florida. You can reach the office by calling (863)-393-9010 or visiting our website: www.mcmannlaw.com.
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