Divorce

Miami Divorce Attorneys | Fort Lauderdale Family Law Firm

The divorce process is extremely difficult and hard to navigate alone.  The attorneys at Shmucher Law, PL is dedicated to protecting your best interests and serving you to the best of our ability.   Having legal counsel can significantly minimize the stress and confusion of divorce.

Requirements for filing a divorce in Florida

Residency (Florida Statute 61.021) – In order to file for divorce in Florida one party must have been a Florida for 6 months prior to the divorce being filed.   The residency requirement can come into play when one of the parties has recently moved to Florida or is contemplating moving to another state prior to the divorce being filed.

Once the residency requirement has been met, Florida Courts can dissolve a marriage if one of the following two requirements is satisfied:

Irretrievably broken – Florida is a no-fault divorce state, meaning that to obtain a divorce you must be able to show that the marriage is irretrievably broken.  The most common definition of irretrievably broken is that the parties have disputes/differences and they are unable to settle them and thus have had a total breakdown of the marriage and are no longer able to live together in a health marital relationship.

Mental Incapacity – Another, yet uncommon, way to get a divorce is for one party to establish that the other party has been mentally incapacitated for a certain period of time.  A divorce due to mental capacity is an extremely complex area of divorce law.

Types of Divorce in Florida

There are three basic types of divorce in Florida:

Simplified Dissolution of Marriage or Simplified Divorce – This type of divorce is available to couples who have lived in Florida for at least 6 months, agree on the same terms, have no minor children or are expecting one, and are not seeking alimony.  A simplified divorce requires both parties to attend the final divorce hearing.

Uncontested Divorce – If the parties agree on all issues such as the division of property, debt, alimony, child support and a parenting plans leaving nothing for a judge to rule on, they can file for an uncontested divorce.  In this divorce process the attorneys draw up a Marital Settlement Agreement and Parenting Plan, and then either party or both parties can attend Court for the final hearing.

Contested Divorce – When parties cannot amicably resolve issues then the decision will be left to the Judge usually through a trial process.  Contested divorces usually take the longest as judges need to review all documents and settle all disputes between the parties.  Typically the judge will send both parties to a mediation prior to the trial in order to see if parties can resolve some or all issues.

How long does it take to get a divorce in Florida?

The amount of time to complete a Florida divorce will largely depend on the type of the divorce you file.
Simplified divorces typically 30 to 45 days to complete.  Uncontested divorces could generally last between 4 to 6 months.  Finally a contested divorce takes a substantial amount of time and can take anywhere from several months to several years depending on the extent of the litigation.

How Can Our Divorce Attorneys Help?
Navigating the Florida family law courts is difficult, but with the assistance of Shmucher Law, PL we will use our experience to assist our clients with the following”

  1. Property division
  2. Child Support
  3. Child visitation rights
  4. Spousal or alimony support
  5. Parenting plans

The attorneys at Shmucher Law, PL will work hard to protect your interests and be on your side every step of your divorce case.  If you are interested in scheduling a free consultation with our office, please call us at 305-397-2333.