How a St. Petersburg Divorce Lawyer Keeps Divorce Simple
In Florida divorce is regulated by family law. Divorce in Florida is also known as dissolution. Divorce law is complex. Not all family lawyers are well versed with the complex maze of divorce laws in Florida. Lawyers who specialize in divorce laws are well suited to handle divorce cases and can offer you the best advice and guidance. In Florida the uncontested divorce is the most inexpensive form of divorce. A St. Petersburg FL divorce lawyer can assist you with your divorce if you are located in Tampa Bay area of Pinellas County.
Residency Requirements
The first requirement for filing a divorce petition in Florida is the residency requirement. No family court in Florida will entertain a divorce petition unless the petitioner meets the residency requirements. The petitioner must be residing in Florida for at least 6 months prior to the filing. The divorce procedures are slightly different if one spouse is in the military. You must follow certain procedures if your spouse is in the military. Even if one spouse is in the military, it is possible to get an uncontested divorce. Seek the assistance of a St. Petersburg divorce lawyer dealing in military divorce. If your spouse is on active duty, the divorce petition must be personally served on him or her. However the active duty spouse can waive this requirement by signing an affidavit waiving personal service. Under Soldiers and Sailors Civil Relief Act Section 21, the divorce case must be stayed for the entire duration of time the military spouse is on active duty and for 60 days after the end of active duty unless the military spouse can waive this right. Consult and experienced St. Petersburg divorce lawyer to know if you qualify under the Florida divorce residency requirements.
You can get an uncontested divorce in Florida in three easy steps:
- First step involves the filing of the divorce petition and the service of the divorce papers on your spouse.
- Next both spouses execute a marital settlement agreement. The marital settlement agreement will list the arrangement between the spouses on spousal support, child custody, child support and asset distribution.
- The final stage involves filing of the marital settlement agreement in the court.
Role of Attorney
An experienced St. Petersburg attorney will help the spouses talk and agree on division of property, payment of alimony and child support, child custody, etc. He or she will also assist the spouse decide on resolution of future disputes.
An uncontested divorce does not involve any trial. The martial settlement agreement is the most vital document. The court must approve the marital settlement agreement after it is filed. Generally the court will approve the marital settlement agreement unless it violates any existing law.
An experienced St. Petersburg divorce lawyer can draft the divorce petition and the martial settlement agreement and file them in the court. Before drafting the divorce petition, an experienced St. Petersburg divorce lawyer will review the circumstances and determine if the spouses meet the residency requirements under Florida divorce law. The martial settlement must be in accordance with the law. Once the martial settlement agreement is approved by the court, the spouses will be granted a divorce by the court. In most uncontested divorce, the spouses need not appear in court if they are represented by an attorney. Having an experienced St. Petersburg divorce lawyer handle your divorce will ensure that your divorce petition is filed in a court that has proper jurisdiction.
Consult with an experienced St. Petersburg divorce lawyer if you are based in Tampa or Pinellas County. For an uncontested divorce it is important that both spouses are willing for the divorce and agree on the terms of the divorce. An experienced St. Petersburg divorce lawyer will help the spouses negotiate and then draft the martial settlement agreement.
In Florida the grounds for divorce include:
- Mental incapacity
- Impotency
- Duress, or fraud in obtaining the marriage
- Adultery.
- Willful and continued desertion.
- Habitual intoxication
- Habitual drug addiction.
- Incurable mental illness.
- Cruel treatment
- Florida is a no fault state. You can file a divorce petition on no fault grounds – you and your spouse mutually want the marriage to end.
An experienced St. Petersburg divorce lawyer can assist you with uncontested divorce in Florida. All that is required is your signature. Whatever you and your spouse agree on the terms of the divorce will be recorded in the marital settlement agreement. All it may sound simple, attempting to self file an uncontested divorce can prove costly. An average John Doe will not be able to negotiate the complex maze of Florida divorce laws.
For caring and aggressive representation in cases of divorce, abandonment, child custody disputes, and alimony, The Coleman Law Group stands ready to help you. Please phone us today at 727-214-0400.