Can your marriage be saved? Are you sure your marriage cannot be saved? Before you take any legal steps to end your marriage, you may consider possible ways to save it. You may wish to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi or other qualified person. Many social and religious organizations offer counseling services at reasonable rates. Family Law Key West Attorney Maggie Gutierrez and the Law Office of Margaret M. Gutierrez, P.L. may refer you to someone who can counsel you, individually, or you together with your spouse. The official term for divorce in Florida is “dissolution of marriage.” Florida is one of the many states that has abolished fault as a ground for divorce. The only requirement to dissolve your marriage is to prove that your marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. Fault, however, may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility. Each divorce case is unique and, therefore, results vary from case to case. In each case, the issues are different, which can include the division of property and possessions, responsibility for support, and parental responsibility and time-sharing with children. The divorce process can be highly emotional and traumatic for the parties as well as the children. Marriage partners often do not know their legal rights and obligations. Court clerks and judges can answer some of your basic questions but are prohibited from giving you legal advice. Only your lawyer can provide legal advice. Statutory requirements and court rules must be strictly followed or you may lose certain rights permanently. The Florida Bar recommends you obtain the services of an attorney concerning legal questions which include discussions regarding your rights in a divorce, your children’s rights, your property rights, and your responsibilities resulting from the marriage. A knowledgeable lawyer can analyze your unique situation and help you make decisions in your best interest and that of your family. There are two ways of getting a divorce, or dissolution, in Florida. The usual way is called a “Regular Dissolution of Marriage.” The second method is the “Simplified Dissolution of Marriage.” |
Divorce |