GETTING TO AN UNCONTESTED DIVORCE SOONER NOT LATER
THROUGH PRE-SUIT DIVORCE MEDIATION
Most divorce actions are ultimately resolved through settlement. The terms of the settlement are set out in a Marital Settlement Agreement which is submitted to the Judge and which ultimately becomes a part of the final Decree. The Marital Settlement Agreement can be prepared by the Mediator, or if counsel is retained, by the attorneys.
Couples oftentimes want to reach that finality sooner rather than later in the process, saving their family the emotional upset of a contested divorce and financial burden and expense of a hotly litigated, contested court case.
Divorcing couples that choose Mediation Pre-Suit, which begins before the divorce action is filed with the Court, have the opportunity to work together, in a non-adversarial environment with an unbiased, neutral divorce mediator, to identify disputed issues and work towards finding common ground, to create and design an agreement that settles all relevant issues such as all aspects of the parties finances, parenting issues and the like, and achieves an UNCONTESTED divorce earlier in the divorce process.
Uncontested Divorces Are Most Common
Uncontested divorces usually proceed on no fault grounds. No fault means that the marriage is irretrievably broken and the differences can not be resolved. This means that there is no realistic chance that the couple will reconcile. Therefore, an individual can obtain a “no-fault divorce” in Florida based solely on the status of the marriage. In a no fault divorce, you do not have to prove that the other party committed misconduct, such as emotionally or physically abusing you, committing adultery, or abandoning you. The level of proof is very low. With the advent of no fault divorce, it is a certainty that the divorce will be granted.
You May be Eligible for a Simplified Divorce.
In Florida, a “Simplified Dissolution Procedure” is a procedure people can use to get divorced in Florida if they have no other issues for the court to decide other than their divorce: no children and no property to be divided. There are certain requirements that you must have to be eligible for this simplified divorce procedure.
⦁ You or your spouse have lived in Florida for at least 6 months.
⦁ You and your spouse agree that the marriage is “irretrievably broken” and cannot be saved.
⦁ You and your spouse have no minor or dependent child(ren) together (whether they were born before your marriage, during your marriage, or after you were separated) and neither of you is now pregnant.
⦁ You and your spouse have worked out how the two of you will divide the things that you both own (your marital assets) and who will pay what part of the money you both owe (your marital liabilities).
⦁ You accept that you will lose your property if your spouse does not follow through with your agreement to divide your property.
⦁ Note: a pension is property. If either spouse expects to receive part of the other’s pension a simplified dissolution is not the right procedure to use.
⦁ You do not want support (alimony) from your spouse and your spouse does not want support from you.
⦁ Neither you nor your spouse wish to have any financial information other than what is in the financial affidavits.
⦁ You are willing to give up your rights to trial and appeal.
⦁ You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).
⦁ You and your spouse are both willing to go to the final hearing (at the same time).