Used as a blanket term for divorce, dissolution of marriage encompasses various avenues for handling the closing of a marriage. There are two primary types of scenarios that govern a wide variety of situations in divorce cases.
These two primary types are referred to as no fault divorces and at fault divorces.
No Fault and At Fault Divorces:
Understanding How They Differ
With no fault divorces a couple can either claim neither party is to blame for the end of the marriage. On the other hand, one spouse may claim that the other spouse engaged in some form of misconduct and has damaged the marriage beyond repair. This is would be considered an “at fault” divorce. Florida is strictly a “No Fault” state. Which means that neither party has to alleged any type of misconduct in order to become divorced.
Uncontested & Simplified Dissolution of Marriage:
Understanding The Difference
An uncontested dissolution of marriage is an option for couples who can agree on all issues, including division of property, debts, and other related issues to their divorce. This process is referred to as the divorce settlement. Following a divorce settlement the final step is schedule an uncontested a final divorce court hearing.
Similar to uncontested dissolutions, Simplified dissolutions work for couple who can create a divorce settlement and agree to a final court hearing, however the couple must not have any minor children.
Understanding Collaborative Divorce & LAW
In cases that may require outside specialists other than legal counsel, a Collaborative divorce allows for couples to agree to negotiate, rather than litigate, with legal counsel and outside support working together. This is referred to as Collaborative Law.
Most divorce or family law cases settle at mediation. Mediation is a great process that allows the parties to remain in control of their finances, children and ultimate happiness. Reaching a settlement at mediation is generally going to be in your best interest and ultimately in the best interest of your minor children.
Going Beyond Dissolution of Marriage
Annulment of marriage allows for a couple to null and void their marriage, and in the legal system their marriage was never valid and never existed. Annulments are very rare and require a specific set of factual circumstances before a court will consider granting a divorce.
The Anomaly in Dissolution of Marriage
If one or both spouses are in the military, dissolution becomes complicated since state and federal laws apply. Military dissolutions may cause complex issues that do not apply to a civilian divorce, such as time-sharing and child custody while being deployed.
Military divorce issues require an attorney who is well versed in the laws surrounding military family law issues.
Handling Matters Before a Dissolution is Finalized
If any financial or custodial issues arise before the finalization of the dissolution, Temporary relief orders can be filed for a short period of time before the finalization of the dissolution.
Handling Matters After a Dissolution is Finalized
For restoration of a maiden name, name changes can be filed after receiving your divorce decree. In some cases where name changes are not included in the document, a Petition for Name Change must be filed.
If you have any questions related to family law or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at firstname.lastname@example.org.