Anyone seeking a divorce in the state of Florida will have a few different types of divorce to choose from. Each type of divorce is dependent on the facts of the individual case at hand. Some facts that will come into play here include: whether or not the couple has large amounts of money, property, or other assets, whether or not the couple has any children under the age of eighteen, whether or not the couple has been married for a long time, and whether or not one spouse earns a lot more than the other to name only a few.
If the couple agrees on every single issue in the case then it will be possible for them to proceed on an uncontested route to divorce. This type of divorce usually allows couples to bypass certain steps in the litigation and move straight to a final judgment as long as they do not begin to disagree on any issues. This type of divorce also can be less expensive and can be far less stressful than the other types of dissolution mentioned in this article.
If the parties disagree on any issues in the case then the case will have to move forward on a contested basis. This will require the parties to submit additional financial information and to attend a mediation before they have the option to go to a final hearing. If they do not work out their differences in mediation then they will need to take the cast to a trial before the judge. This is the most common type of divorce since in most cases the parties will disagree on at least one thing.
If the parties have any children under the age of eighteen then they will need to work together to put together a parenting plan which set forth every aspect of the raising of the child in a way that allows both mother and father to have a right to be an active part of the child’s life.
Some of the main points of a parenting plan include time-sharing where the visitation time with the child is allocated between the parents, parental responsibility and child support. Of these, the areas where and divorce attorneys see the most conflict is in the areas of time-sharing and child support.
At the end of the day, however, the courts will consider what the best interests of the children involved are and issue a ruling based on this finding. Often, if a child has historically spent a majority of their time with parent A then that will be the parent to receive a majority of the parenting time in the case at hand. Of course, there are as many possible outcomes as there are individual sets of facts for each case which keeps this area of the law fresh and exciting for divorce attorneys.