If you are at the point of filing for a divorce, it probably means you are in dire need for a life change from a failed situation. Making it to this point has probably tried your patience, and you are ready to move on with your life. Divorces sometimes drag out for months, even years, when there are disputes between the parties concerning children, property and joint business ventures in some cases. Filing the paperwork and communicating effectively with your soon to be ex-spouse may speed the process along, so you can leave the failed marriage behind you and start anew. Your future may depend on prudent decisions regarding future finances based on equal division of money, property and the marital residence. Hiring a skilled family law attorney can expedite the process. An uncontested divorce is one where both parties agree on the divorce and settlement of joint interests. Neither spouse holds the other responsible for the divorce.
Steps to be taken.
File a petition with the courts. – Hollywood, Florida is in Broward County and the paperwork to be filed will need to be done at the Broward County Courthouse. A divorce lawyer can supply you with forms from the county clerk’s office and help you fill them out correctly, or you may collect the forms and try to navigate through them yourself, although having a legal professional help you with this process is beneficial so you don’t miss any important factors in the division of your property.
Service of petition for divorce. – Upon completion of the forms, they must be served (delivered) to the other spouse so they know that you have filed for a divorce in Hollywood Florida. This must be done in accordance with recommended time frames from the courts, so that the other party to the divorce has enough time to answer the Complaint for Divorce.
Receiving a response. – After the papers have been served, the other party to the divorce must file their response to the petition. If no response if filed, the divorce decision will be heard by the judge without utilizing information collected form the other party as they gave no input.
Ownership of property. – The divorce action is moving forward at this point in the process. Both divorcing parties of the marriage must prepare and share their financial documents with the court to determine assets and liabilities. This process requires input from both parties to insure property and debt division is fair.
Settlement agreement. – This is probably the most complex portion of the uncontested divorce process. The determination of who gets what, and who pays for what, often leads to some disagreements even in an uncontested divorce.
Florida is an “equitable distribution” state, and marital property, property acquired during the marriage with marital funds or labor, will be equally divided upon the divorce unless there is a substantial reason for an unequal distribution. Nonmarital property, assets, debts, and liability acquired before the marriage, remain sole and separate to each party to the divorce. Things both parties should consider when dividing up their property are:
- how long you have been married and what kind of time investment each put in,
- how you behaved throughout the marriage,
- ease in attaining gainful employment,
- occupation and job skills,
- present income,
- amount of money and property you have,
- children’s needs,
- how hard it will be for you to get money, property or income in the future.
Final ruling. – The average time to wait is anywhere from zero to six months after the initial petition was served to the other spouse. After the divorce is declared uncontested, and the parties to the divorce have reached agreement on a settlement addressing all of the joint matters of the marriage, that the judge considers fair, a divorce can be granted.
Uncontested divorces are usually the least painful and seem to take a shorter time to completion without as much emotional, and financial turmoil going through the process. For the best outcome, contact a family law attorney to help you with the process from beginning to end.
Seek legal counsel. – During a divorce, matters of property division are difficult and navigating your way to the best possible outcome for your financial well-being after it has been finalized is easier with the help of the legal professionals at the Law Offices of Jodie Bassichis, P.A., who have experience in divorce in Hollywood Florida. Call them for a consultation so you may breeze through this emotional process.
The Law Office of Jodie Bassichis, P.A.,
4700 Sheridan Street, Suite J
Hollywood, FL 33021