A family is a basic unit in society and it should always be valued.
Marriage, on the other hand, serves as the bond of two (2) parties to unite and agree to create their family. But somehow by reasons beyond the control of the parties, marriage may be severed through the divorce process.
Divorce is the dissolution of marriage. Under the law of Florida, it is a requirement to prove that a particular marriage is “irretrievably broken” and either of the spouses may file the case to this effect.
However, there are two (2) common grounds being utilized to dissolve a marriage in Fort Myers, Florida aside from the “Irretrievable breakdown of the marriage” and the “mental incapacity” of one of the parties.
Florida law on divorce is lenient because it observed a principle of “no-fault”. One of the popular processes is where one of the spouses files a divorce case for irretrievably broken marriage ground. Meaning their marriage suffers from an irreconcilable difference that the court may take cognizance to dissolve the marriage.
Mental incapacity, on the other hand, is a rarely used ground for the dissolution of marriage but this ground seems to be an all-encompassing cause for divorce because when one of the spouses failed to execute his or her marital obligation, it is as if he or she has transgressed the duty to carry out such an obligation.
That being said, the divorce process seems simple and easy but it is not just that due to the reason that the method for the dissolution of marriage requires a residency component. To this end, the spouse who initiated the filing of the case should have at least six (6) months of residency in the State of Florida. However, if neither of the spouses meets this requirement, they could not in any way pursue a case for divorce.
Regularly, the process for the dissolution of marriage starts with the filing of a petition from one of the spouses on the grounds mentioned above. A response pleading, which is legally called the “answer”, will thereafter be made by the other spouse contending therewith the ground not to permit the dissolution of marriage.
Moreover, other issues may be agreed upon by the couple and later on be submitted to the court with jurisdiction for determination such as but not limited to the child custody, support, and division of real properties.
When the parties would only agree to the terms and conditions they set, the issue may be resolved in no time like a month or so. Otherwise, the case will be endorsed for a full-blown trial.
The first instance mentioned above refers to the Simplified Dissolution of Marriage. This only happens if both parties agree to dissolve their marriage to include the following details, to wit:
If spouse agree to utilize a particular form of marriage dissolution;
No minor child be affected that is under 18 years old that includes a child by birth or adopted:
- The wife is currently not pregnant;
- One of the parties has a residency compliance
- Parties agreed on the separation of properties
- The parties marriage is irretrievably broken
If you are in Fort Myers, Florida and you want to ensure the success of your case, it is highly recommended to use the services of Marquez-Kelly Family Law Attorney. We already mastered the ins and outs of divorce proceedings and we ensure that our clients’ welfare is fully protected that includes his or her rights and interests.
For your needs about divorce attorney, divorce lawyer, Fort Myers divorce lawyer, Cape Coral divorce lawyer, Fort Myers family law, and Cape Coral family law, you may visit our official website to learn more at https://www.marquezkellylaw.com/divorce-attorney-lawyer-in-fort-myers-fl/.
Our service centers are regularly open to serve you better at the areas covering Fort Myers and Cape Coral, Florida.
To show our concern, we offer a Free Half-Hour Consultation, call us now to learn the success rate of your case.