A divorce is a lawsuit initiated by an aggrieved spouse, filed through a petition for the dissolution of marriage, severing the marriage bond permanently.
The engagement of filing a petition for divorce in Florida is a tedious matter if you are unprepared to confront both the financial and legal dilemmas.
If you feel 100% ready to file a petition, prepare financial documents and tag them accordingly. Moreover, parties to the petition are likewise directed to file a Certificate of Mandatory Disclosure where pertinent court guidelines mandate parties to secure copies of all the documents and furnish copies to the other party for transparency promotion.
The success of the conduct of the petition for Divorce is not dependent on who filed the court petition due to the reality that all parties will be given their respective day in court as part of the due process. The only relavent matter is the party who filed the petition makes him or her a plaintiff, he or she will be responsible for judicial fees. The other party, termed defendant, will still be granted the opportunity to defend himself or herself as part of his or her right to be heard.
In some cases, lawyers opt to present their cases first so they will have the utmost opportunity to lay down the facts of the case, which are limited to the facts agreed upon during the pre-trial. Pre-trial is usually an opportunity for the lawyers to agree on certain facts to smoothly carry out the petition in order to expedite trial. In Florida, this opportunity is enjoyed by the judge who asks for the possibility of settlement.
Florida is a no-fault divorce state and one party may only utilize the ground that their marriage is irretrievably broken. The State of Florida also recognizes uncontested divorce, where both parties agree to carry out the petition at a 100% rate, including the division of assets and liabilities, parental responsibilities, as well as others. With this type of divorce, the court may enter a final judgment without the presence of the parties. On the other hand, if the parties do not agree on something, they would still have the opportunity to file a case for the Petition for the Dissolution of Marriage.
In short, parties first need to file a petition for divorce. The other party is required to provide a response within the required regalement period. In a case where contending parties could hardly agree at mediation, then they could resort to trial. In cases where parties agree, they may be directed to enter partial or full agreements.
The court has the authority to declare an impartial judgment directly about the petition and about other related concerns such as, but not limited to, the award for alimony and child support. The court is just and it may undertake careful evaluation whether or not the other party may have the need to be supported financially while on a verge of seeking employment. Nevertheless, alimony is not always awarded. The court may also bestow judgment to uphold the interests of the children.
The grant for spousal financial support or alimony is calculated based on the income of the parties, health insurance, children’s support, and other factors that contribute to the sustenance of the union including regular expenditures.
The Most Trusted Divorce Attorney in Fort Myers and Cape Coral, Florida | Attorney Marquez-Kelly
The filing of a Petition for Divorce is complicated and to ensure success, legal assistance from a professional Attorney may be essential. Contact the most trusted Divorce Attorney in Fort Myers and Cape Coral, Florida. Call Attorney Marquez-Kelly. She will handle your case smoothly and stress-free.
Attorney Marquez-Kelly is a graduate of Bishop Verot Catholic High School located in Fort Myers, Florida. She earned her degree in Bachelor of Science in Legal Studies from the University of Central Florida in 2002.
In 2006, she obtained her law degree from Florida Agricultural and Mechanical University College of Law and she became a member of the Florida Bar Association and the United States District Court. In 2013, she founded the Mellany Marquez-Kelly. Her field of practice includes Dissolution of Marriage, Paternity, Guardianship, Family Law matters, and Real Estate Law.
If you need an expert divorce attorney, contact Attorney Marquez-Kelly. Call Marquez Kelly-Law at 239-214-0403 or message us directly for a free half-hour divorce consultation today.