Uncontested / Contested Divorce

Dissolution of Marriage (Divorce) is a legal process for terminating a marriage contract between two individuals. The process also legally distributes marital assets, debts and liabilities through equitable distribution of same and determines all issues in cases involving minor children (child support, time-sharing, parental responsibility, to name a few). In some cases, if applicable, a dissolution of marriage action may determine if an alimony award is required. There is no “legal separation” in Florida. Florida is a no-fault state in which the spouses are not required to provide any reason(s) for the divorce action. Either you or your spouse may obtain a divorce, even if one of you does not agree to the divorce. This means that anybody who is married can file for divorce for any reason. The party who files the Petition for Dissolution of Marriage must allege that there are irreconcilable differences existing between the parties. A Petition for Dissolution of Marriage is filed by one party against the other and the other party has 20 days from the date they are served with the Petition to file an Answer to the Petition, and in some cases a Counter-Petition for Dissolution of Marriage may be filed. A Counter-Petition for Dissolution of marriage is the same as a Petition for Dissolution of Marriage but is filed by the Respondent in response to the Petitioner’s Petition. Florida law requires each party to exchange financial disclosure including but not limited to a financial affidavit. A financial affidavit is a document which states a party's monthly gross and net income(s), monthly expenses, assets and liabilities, and values for same. All financial disclosures are required to be completed within 45 days from the day the Respondent is served with the Petition for Dissolution of Marriage.