Divorce And Child Custody Laws In Florida

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A separation is never easy, but it is possible to end a partnership amicably with little or no troubles. However, this isn’t true in the many instances. Divorce lawyers are most often the only ones that truly win in a long drawn out divorce proceeding, which tends to be highly overwhelming for the parties involved both psychologically and financially. The longer it takes to settle a marriage break-up, the longer the conflict continues, creating huge legal costs for both sides. If both parties agree during the divorce procedure, on the settlement and other relevant issues within a reasonable amount of time, with little or no intervention from an attorney, then final dissolution can take place fairly quickly, before the specified waiting period is up in many cases.

Firstly, when reconciliation doesn’t work and no other options remain, questions about the divorce procedure arise with many that need to be addressed. A divorce often starts with a divorce petition that is commenced by one spouse (the petitioner) and served on the other (the respondent). The petition, which includes topical details about the union, is also filed with the clerk of court in the county where the petitioner abodes at this time. The facts disclosed in the petition relate to the names of the husband and wife, the date and place of marriage, names of any children resulting from the marriage, separate or community property held by the parties, child custody, child support, spousal support, and any other matters to be addressed regarding the dissolution of partnership. Proper divorce procedure states that the respondent spouse be given notice that the divorce petition has been filed, either by the petitioning spouse or process server. The respondent then usually has 35 days to answer or file a counter-claim. If both parties agree on the settlement, a court hearing is not needed and the separation will be final shortly thereafter.

A minimum waiting period (generally six months) is stipulated in most states, and is not waived during proper divorce procedure, even if the marriage is dissolved before this time period has passed. Remarriage is also not legally allowed until the waiting period is over, which commences at the date of filing. Issues arising out of marriage tend to be complex and the divorce procedure itself tends to be pretty overwhelming. Keeping physically and emotionally well during this time will keep the stress levels down, and the less legal involvement the more funds in the bank when it’s all over.

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Comments on Divorce And Child Custody Laws In Florida Leave a Comment

April 27, 2012

Cindy @ 2:54 am #

Is it all or nothing in mediation? For instance, you agree on a daycare but not other things, and still have to go to court, does the daycare still hold or is it considered to be thrown out and decided by the judge as well, since ALL things were not settled in mediation.

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