Divorces are a difficult, emotional, and highly stressful phase in life that some people go through. It is not as rare an occurrence as it once used to be, in fact, one third of all marriages in America ends in divorce.
Therefore, while it might seem pessimistic to be aware of the laws surrounding divorce and divorce settlements, it is in everyone’s best interest to at least be familiar of legal divorce proceedings and how they work.
During such a personal and stressful situation, human beings are shown to have lapse in judgments and make irrational, risky decisions. Therefore, it is best for anyone filing for divorce or going through a divorce to work with a Lakeland, FL divorce lawyer to smoothen the process out as much as possible.
www.greggkamp.com – Gregg S. Kamp – is one the best legal representatives in Florida. His salient and terrific legal help has helped out so many who are in the midst of these trying times.
What is a divorce settlement?
To begin with, it is important to understand what a divorce settlement entails. A divorce settlement is like an agreement or a contract between the two spouses which lists out what happens in case the marriage ends up in divorce. It deals with issues such as spousal support, property division, asset division, child custody, and child support, to name a few, and mentions what each spouse gets out of the divorce.
What is the difference between a separation agreement and a settlement agreement?
According to Florida divorce lawyers, the spouses involved can strike a deal or reach an agreement at any time or stage in their marriage or even prior to their marriage. A separation agreement is something the spouses enter into when they decide to live separately yet stay married. This agreement covers most of the major issues that a settlement agreement revolved around and hence in many cases the separation agreement itself develops into the settlement agreement.
What if the husband and wife cannot reach middle ground?
In cases where the husband and the wife just don’t reach an agreement, the court will take over and rule upon the case. If you listen to what Lakeland, FL divorce attorneys have to say on the matter, issues like spousal support, asset division, alimony, and other related matters, will be decided by the judge based on several factors in accordance with Florida’s divorce laws.
However, when it comes to issues concerning the child or children of the spouses, the court will make a ruling in favor of the best interest of the child’s welfare, upbringing, education, etc.
Can a divorce settlement be dismissed?
Apart from a handful of exceptions, divorce settlements are usually considered the ultimatum when it comes to the dissolution of a marriage. The agreement thus requires to be signed by both spouses and is then developed into a document called a divorce decree. The divorce decree is the document the court refers to during divorce and makes rulings accordingly.
In some cases, a divorce decree may be overturned by appealing to a higher court. This comes at a price and is still not guaranteed. In case you are looking to overturn the terms of your divorce decree, your best chance would be to have an exceptionally good and focused Florida divorce lawyer by your side.