At least one party to the action must be a resident of Florida for six months prior to divorce, and file the paperwork in the county of residency. Family law lawyers in Punta Gorda can summarize each type of divorce action for parties in Charlotte County 20th Judicial Circuit:
- Simplified dissolution of marriage – can happen on the same day if both parties agree that the marriage cannot be saved, at least one of the parties has been a resident of Charlotte County for six months, the division of property and obligations are handled, there are no children as a result of the marriage (or pending pregnancies), there will be no alimony sought out and both parties are giving up the right to trial or appeal on the matter,
- Dissolution of Marriage with Dependent Children – Parent education and family stabilization courses must be attended by both parties of the marriage with certification filed in court, the marriage must be irretrievably broken, and there must be a child, or pregnancy resulting from the marriage, and one of the parties must be a resident of Charlotte County for six months,
- Dissolution of marriage with no children; Both parties have marital assets and liabilities, but there are no dependents resulting from the marriage and the wife is not pregnant, one of the parties must be a resident of Charlotte County for six months,
- Dissolution of marriage with no children or property; Both parties have no marital assets or liabilities, no minor dependents, the wife is not pregnant and one of the parties must reside in Charlotte County for six months.
- Alimony – financial support to a divorced party from their former spouse, usually the main financial provider of the marriage, made under order of the court.
- Child Support – financial support based on each parties’ income; childcare and insurance costs for the dependents, and how many overnights each parent spends with the child. Child Support Guidelines Worksheets must be completed by both parties and attached to the final agreement. Divorce attorneys in Punta Gorda will work with divorcing parties to make certain support issues are addressed in the best interests of children.
- Distribution of Marital Assets/Liabilities – distributing the assets and liabilities between the parties to the divorce as directed by the court.
- Emergency Support – financial support sought after for a separated party before the divorce can be finalized and spousal/child support mandated by the court in the divorce action.
- Child Custody – custody that is in the best interests of the child taking into consideration a multitude of factors including child preference, parental preference, mental and physical health, community, history of violence and moral standing (adultery) in some cases.
- Parental Visitation – a schedule to be decided upon in advance when shared custody is agreed upon and ordered by the court.
- Marital Settlement Agreement – a formal agreement between the divorcing parties spelling out agreed upon terms regarding finances, dependent care, shared visitation, and expenses incurred over child support obligations for dependents.
Divorce proceedings can become quite inflamed due to an overall state of disagreement, and the length of time it takes to settle important differences that can affect future finances, residence, and children’s activities. The State of Florida utilizes mediation for contested issues and family matters in hopes that the proceedings will then smoothly be heard, and divorces granted in a timely fashion, so parties can move on. Consult with Punta Gorda divorce attorneys about the benefits of mediation if your case is dragging.
Mediation is the process of using a third party to assist in resolving disputes between two, or more people. The hopeful end result is that the disputing parties are able to reach mutually acceptable agreements where everything throughout the process is up to the parties involved. A mediator will identify issues needing to be resolved, explore settlement alternatives, and foster joint problem solving. Mediation may be recommended when parties to a divorce action cannot agree and the case is referred to family mediation, whereby parties must select a mediator unless they have one provided by the court due to financial constraints.
Hire a lawyer.
Consulting with an experienced family law attorney in Punta Gorda at The Law Offices of Michael M. Raheb is prudent for individuals who are contemplating divorce in Punta Gorda Florida. The process can be time consuming, emotionally draining, financially devastating and detrimental to family stability if not handled correctly.
The Law Offices of Michael M. Raheb, P.A.
2423 First Street,
Fort Myers FL 33901
Fax Number: 866-949-0888