Divorce is rarely, if ever, a pleasant matter for either party. Given the nature of the litigation that surrounds divorce, it’s important that you have the best divorce attorney Stuart representation.
At Crary Buchanan Attorneys at Law, we specialize in divorce litigation and will fight for you to ensure that you reach the outcome you desire. You can contact our law office toll-free at (888) 899-8161. Or, if you live in Stuart or the surrounding areas, you may contact us locally at (772) 287-2600.
If you prefer, you can also fill out our online contact form, and a trusted member of our staff will get back to you. If you need a dedicated divorce attorney in Stuart, we encourage you to call today.
Understanding Divorce in Florida
Newlyweds often think that their love will last forever. Unfortunately, this is not always the case. Statistics show that plenty of unions ultimately end in divorce. This is of course emotionally difficult, but it can also cause legal and financial problems. If you live in Florida, we want to teach you all about divorce and what to expect.
Filing for Divorce
To apply for a divorce in Florida, one of the divorced parties must reside in the state for at least six months before submitting the petition to the court. The exception is if you are in the United States military. And as a service member, you live in Florida but are currently stationed outside the state. What’s more, the divorce must be filed in Florida, where one of the divorced parties lives.
Grounds to File for Divorce in Florida
Since Florida is a no-fault state, the only reason you need to file for a divorce is that you believe your marriage can’t be fixed. Therefore, you need to prove that your relationship has ended and that you cannot correct it. In addition, a spouse who has suffered from mental incapacitation for three or more years is also grounds for divorce in the state of Florida.
The Divorce Process
If you are eligible for a divorce in Florida based on the information above, you can go through with filing for divorce in the courts. One of the two parties to a divorce must fill out a divorce petition. This is a form called a Petition for the Dissolution of Marriage.
The party filling out the form is called the petitioner, while the spouse of that party is called the respondent. After completing the form, the applicant must send a copy to the respondent. This is a process known as “serving.”
Accepting the serving of the divorce papers shows that you agree to the divorce. The respondent will then have to fill out and submit another form called an “Answer and Waiver of Service form.
Moreover, the respondent must sign and notarize the Answer and Waiver of Service form before submitting it. If your spouse disagrees with the divorce, things can get complicated. If that happens after you file for divorce, you can ask the sheriff of the area where your spouse lives to serve your spouse the divorce papers.
If you don’t know where your spouse is, you can use “constructive services” to inform your spouse of the divorce. It reminds your spouse that you are going to notify them of the divorce by placing an advertisement in the local newspaper. But that’s assuming you know the area where your spouse lives.
After filing for divorce, the state of Florida requires that you submit a signed affidavit that involves the disclosure of financial information about you. This affidavit includes your:
1. Personal financial records
2. Credit card statements
3. Bank statements
4. Tax returns
Furthermore, you can order mediation after filing for divorce. During this process, the third party will try to help you and your spouse reach a divorce agreement without a court order. If this doesn’t work, you will need to go to court.
There, you can show evidence and call witnesses, and the judge will make the final decision on any disputed issues. Some divorces may qualify for simplified dissolutions. This option does not require financial disclosure and may not need a lawyer. For simplified dissolution, you must meet the following conditions:
1. You and your spouse do not have any minor or dependent children, including foster children under 18 years of age.
2. Both parties agree to simplify the divorce with a dissolution.
3. Both parties reached an agreement on the distribution of all assets and debts.
4. At least one of the spouses has lived in Florida for six months.
5. Both spouses agree that the marriage isn’t salvageable.
6. Neither spouse is currently pregnant.
7. Both parties do no require alimony.
If you cannot come to terms on a dissolution, you should contact Crary Buchanan Attorneys at Law. In doing so, you will have an experienced divorce attorney in Stuart to walk you through the case represent you in court.
Contact Crary Buchanan Attorneys at Law Today
Crary Buchanan is a general practice law firm dedicated to providing expert legal services in the state of Florida. Our lawyers have significant legal expertise in virtually every major area of law, and most of our associates are Board Certified by the Florida Bar in their respective areas of proficiency. This breadth of legal experience, coupled with our years of service and dedication in our community, allows Crary Buchanan attorneys to provide comprehensive representation. We are your trusted and experienced Divorce Attorney Stuart team that will help you overcome this trying chapter in your life. If you require divorce services in Stuart or the surrounding areas and need qualified representation, you can count on the highly accomplished team at Crary Buchanan to provide the legal counsel you deserve.
The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.