Experienced Divorce Attorney in Stuart, Florida
If you are seeking a divorce, it is important to ensure your rights are protected by an experienced attorney in Stuart , Florida , so you are not taken advantage of during the process. Whether you are the spouse who initiated the divorce filing, or the spouse who has been served with divorce papers, you are entitled to your equitable share of the marital property and may be eligible for spousal support. Likewise, if you have minor children in the home, their needs are going to be placed at the forefront of the dissolution to ensure they continue to receive the care they deserve.
At The Law Office of Denise Miller, PA, our Stuart divorce attorney is the Former Judicial Clerk for the 17th Judicial Circuit and the former Attorney for Florida Department of Revenue Child Support, which supplies our clients with top-notch representation in each type of divorce case available in the State of Florida.
What Types Of Divorce Are Available In The State of Florida?
When you are seeking a divorce in Florida, the type of dissolution you pursue will be dictated by your marital life. No two marriages are exactly the same, and neither are their divorces.
First, in order to file for divorce in Florida, you must show that:
- Both parties are legally married to each other
- One spouse has lived in Florida for six months
- The marriage is irretrievably broken
Next, you must decide which divorce type fits your current marital state:
- Simplified Dissolution of Marriage
- Regular Dissolution of Marriage
Simplified Dissolution of Marriage
When married couples are seeking a clean break from one another, they can both petition the court for a simplified dissolution of marriage ONLY if:
- There are no minor children from the marriage
- The wife is not pregnant at the time of filing
- Both spouses complete a financial affidavit that fully discloses their property and finances and complete a property settlement agreement
- Both spouses attend the final divorce hearing
Each of those circumstances must apply to your divorce. If even one does not, you must proceed with a Regular Dissolution of Marriage.
Regular Dissolution of Marriage
Within the regular dissolution of marriage, or simply regular divorce, there are two additional types of filing:
- Uncontested Divorce
- Contested Divorce
During a regular divorce, only one spouse files for the marriage’s dissolution, and is named as the petitioner in the proceedings.
When couples decide to handle the details of the marital dissolution without the court’s interference, they must settle all issues related to the marriage in a divorce settlement.
- Marital property
- Marital debts
- Issues related to the children from the marriage
Both parties must complete a financial affidavit within 45 days of receiving the filed divorce paperwork, and both must appear at the final divorce hearing. Even if you and your spouse agree on each part of your marriage’s dissolution, it is important to have an attorney by your side to ensure the paperwork is completed, and that the collaborative agreements are legally binding and enforceable going forward.
Contested divorces are those that require an experienced lawyer to navigate, as essentially both parties are unwilling to agree on any portion of the division of marital property or debt, or any issues that pertain to their children, including the important elements of parenting plans, or child custody, and child support.
The Benefits of Divorce Mediation in Stuart, Florida
When couples cannot agree on every aspect of their divorce proceedings, or have simply hit an obstacle that interrupts the final resolution and its details, they can settle their differences through mediation.
The benefits of mediation in Stuart, Florida include:
- Privacy, as their divorce takes place behind closed doors and is not public
- Control over the decision-making process, including the final settlement terms
- Thoroughly settles all financial, property, and children’s issues
- Integrates each party’s arrangements and agreements to ensure the final judgment is complete
Our Stuart divorce attorney will work tirelessly to understand your exact needs and will provide a straight-forward approach to negotiating your overall requirements to finalize your divorce quickly and efficiently, without compromising your integrity.
Stuart, Florida Litigation and Trial Divorce
At The Law Office of Denise Miller, PA, our Stuart divorce lawyer understands that dissolving a marriage can be a contentious process. Splitting your lives in half is certainly going to be cause for concern, and if you and your spouse are unable to agree on the terms of your break, it may be time to let the courts decide.
Protecting your interests is our firm’s priority. You know what you want out of this divorce, and we will help you pursue it with our aggressive litigation experience.
Even if you have tried mediation and it has failed, a trial divorce is available to challenge the legality of your spouse’s actions and to finalize your divorce without delay or further argument. Once the judge rules, you can begin your life anew and we want to help get you there faster.
Additional Considerations: Family and Financial Support
If you have children with your spouse, their needs will be placed at the forefront of your divorce proceedings. It is important that each family aspect is accounted for prior to the divorce becoming final.
Those considerations can include:
- Parenting plans, child custody, and support
- Spousal support
Our Stuart, Florida divorce attorney will provide exceptional representation during each part of the divorce process, so you can begin planning your future with confidence, and without the stress of navigating the courts alone.
Contact Our Stuart, Florida Divorce Attorney at The Law Office of Denise Miller, PA
If you are considering divorce, no matter your family circumstances, contact our accomplished Stuart, Florida divorce attorney at The Law Office of Denise Miller, PA today at (772) 934-6007 for a free case evaluation. Our experienced divorce lawyer wants to help you make a clean break from your marriage, and focus on the future by delivering the best outcome available for your case.