Uncontested divorce may not be as simple as it seems

February 27, 2013

Uncontested divorce may not be as simple as it seems

Article provided by The Law Office of Silverman, Vorhis & Doan
Visit us at http://www.lawgainesville.com

Trends in the legal industry may lead consumers to think that traditional legal services are unnecessary. Uncontested divorce provides a good example of a false notion that legal services can be replaced by a canned, boilerplate process. There are even services that claim to provide the means to complete an uncontested divorce entirely online. While saving money can be a powerful incentive, when dealing with issues like divorce, cutting corners early on may cost more in the long run than simply hiring an experienced divorce attorney. Countless issues can arise between "I want a divorce" to the signing of the final divorce decree that require legal expertise, even when agreements about property division and child custody have seemingly been reached.

Obtaining a divorce in Florida

Generally speaking, divorce does not simply happen because one of the spouses decides to walk into a court and ask for it. Rather, a divorce will not be granted by the state of Florida unless the marriage is found to be "irretrievably broken" or one of the parties is found to be mentally incapacitated.

Ultimately, the court will make an assessment from the evidence presented at a court hearing. If the evidence is compelling, the court will grant a petition for dissolution of the marriage as long as there are no minor children from the marriage, and the party responding to the petition does not deny that the marriage is irretrievably broken. Where the couple has a minor child or children or one of the partners denies that the marriage is irretrievably broken, the court can deny the petition or take other action.

To meet the mental incapacitation threshold for divorce, there are certain specific requirements that must be met. Specifically, the person alleged to be incapacitated must have been adjudged incapacitated according to the provisions of the relevant Florida statute for a preceding period of at least three years. An affidavit stating that a spouse is no longer of sound mind will not necessarily suffice.

Legal issues to be considered in a Florida divorce

There are a number of problems that could arise from a seemingly simple uncontested divorce in Florida. For example, the proceedings may start out as a mutual desire to end the marriage, but when certain issues are addressed such as child custody or marital property division, what began as an uncontested divorce can morph into a contested one. An attorney can help keep things amicable (and uncontested) by spotting potential issues in advance and getting the spouses to work through them. An attorney can also work through the contentious issues of a contested divorce if the relationship between the spouses devolves. Other problems related to the division of joint debts, child custody and visitation and general advice concerning legal rights can also be mitigated by the presence of an attorney.

Consult with an experienced attorney

Divorce is rarely a simple process, no matter how easy everyone involved tries to make it. It is best to consult with an experienced family lawyer who can advise you of your rights and assist in what can often turn into a complicated and difficult process.