Your South Florida Divorce and Family Law Team

Uncontested Divorce (Most Can Be Done in Approximately 30 to 45 Days)

The simplest, quickest, and most cost-effective (in terms of attorney fees) type is the uncontested divorce (also known as an agreed divorce). In this type, an agreement has been, or very likely will be, reached between the husband and the wife, which amicably resolves all of their divorce issues. This includes, but is not limited to, child custody, visitation, child support, spousal support, and the distribution of assets and debts, as applicable. It is important to note that no one is served papers in an uncontested divorce. The voluntary cooperation of the parties in signing the paperwork is a prerequisite for filing this type of divorce.

A single attorney can often be used to draw up the paperwork, saving the parties both time and money. Assuming that both parties cooperate by providing all of the necessary information to the attorney and by signing the required documents promptly, the divorce can be filed very quickly and, in most cases, can thereafter be finalized within approximately 30 to 45 days. Only one of the parties must appear at a hearing to get the Final Judgment, which finalizes the divorce. This judgment will incorporate all of the terms of the parties' agreement.

Another type of divorce is the contested divorce. In this type, either one of the parties is unwilling to cooperate, or the parties cannot reach an agreement on one or more important issues. Due to the often complex nature of contested divorces, each party will normally hire their own attorney to assist them with the case.

The first party (the "Petitioner") initiates the divorce by filing a petition and several other necessary documents with the court. The petition is then served on the second party (the "Respondent") by a sheriff or a process server. The Respondent then has 20 days to file a response to the petition. If the response is not filed within 20 days, a default may be entered against the Respondent. If this occurs, the divorce can usually be finalized very quickly, and the Petitioner will often get everything that they are requesting, so long as it is reasonable.

In most cases, however, a response will be filed by the Respondent within 20 days. The parties then exchange financial documentation (called "discovery") over approximately 30 ‑ 45 days. After this time, a mediation is normally scheduled. A mediation is a relatively informal meeting or conference where the parties and their attorneys can sit down together and try to resolve all of the issues related to their divorce with the assistance of an impartial mediator. (It is important to note that the mediator has no authority to decide the issues of the case. They simply act as a facilitator and tries to help the parties reach an acceptable compromise in their case). If all issues are resolved at the mediation, then a formal agreement can be drawn up and signed by both parties, and the case can quickly proceed to a final hearing, just as if it were an uncontested divorce.

If there are issues that cannot be resolved at the mediation, then the case will typically proceed toward a trial (which may not take place for several weeks or months after mediation) where each party can present evidence, call witnesses, and give testimony in front of a judge. After hearing both sides, the judge will make a final decision regarding all of the issues, which will be written down in the Final Judgment. This judgment will be binding on both parties.

Asset and Debt Distribution

Assets and debts are typically broken down into two categories: non‑marital and marital. Typically, non‑marital assets/debts are those that existed in the individual name of one party or the other before the parties' marriage. These assets/debts generally are not subject to distribution by the court in a divorce case. (There are, of course, exceptions to this). Marital assets/debts are those which were obtained/incurred during the course of the parties' marriage. These assets/debts generally are subject to distribution by the court in a divorce case. (There are, of course, exceptions to this as well). The marital assets/debts distribution will not necessarily be equal between the parties. The Court will consider several factors when determining the ultimate distribution. These factors include, but are not limited to, each parties' relative contribution to the marriage (which is not necessarily restricted only to monetary contributions), the parties' relative financial circumstances, and each parties' non‑marital assets/debts.

Prenuptial Agreements

A prenuptial agreement is a document that can be executed by couples who are contemplating marriage in order to protect themselves financially in terms of property ownership, asset/debt distribution, and alimony should an eventual separation/divorce occur. Each party must provide full disclosure of their assets and finances to the other and must thereafter sign the document freely and voluntarily.

Restraining Orders

If domestic violence has occurred or may be likely to occur within a relationship, the threatened party can apply to the court in order to obtain a restraining order (a/k/a an injunction) against the threatening party. The party requesting the restraining order must normally convince the court that they may be in imminent danger of bodily harm. The court will then issue a temporary restraining order, which can thereafter be extended indefinitely if good cause is shown.

Paternity Actions

If a child is born out of wedlock, a court‑ordered finding of paternity is required to establish the legal rights and responsibilities of the father. The issues of the child's custody and visitation, as well as the amount of child support to be paid, are all determined within the scope of the paternity action. In addition, if either of the parties objects to the alleged father being the actual biological parent of the child (and therefore having all of the rights and responsibilities of a parent), a paternity test can be administered so as to verify whether or not this is actually the case.

Adoptions

Although several different types of adoptions exist, our offices handle mainly step‑parent adoptions. In a step‑parent adoption, one of the child's biological parents has re‑married, and their new spouse wishes to assume all of the legal rights and responsibilities associated with being a parent of the child. The adoption serves to terminate the parental rights and responsibilities of the other biological parent and is normally done after obtaining that parent's full and informed consent.