When you and your spouse are divorcing and disagree about money or child custody, you will go to court, possibly multiple times. This is called contested divorce. There are other options. Florida permits two kinds of uncontested divorce: standard and simple. There is also a third procedure called Petition of Dissolution. Uncontested divorces require a court appearance of both spouses, while Petition of Dissolution will require the court appearance of one spouse only.
The Law Offices of Travis R. Walker can help you navigate the complex choices for dissolving a marriage in Florida. A court appearance is a daunting prospect for a client under the best of circumstances. Having a seasoned divorce lawyer in Florida by your side can protect your financial interests, as well as the social and financial interests of any children you may have, making all the difference in a stressful time of one’s life.
Do I Have to See My Spouse in Court?
When spouses can’t agree on a fundamental aspect of divorce, a judge must decide for them in a contested divorce. The spouses must be present in court with their lawyers for conferences and trial. A divorce is contested when spouses cannot agree on one or more key issues:
Do I Still Go to Court If My Spouse and I Agree on the Divorce?
When both spouses agree on finances and child custody, there are ways to minimize time in court. In a Standard Uncontested Divorce, the spouses provide the court with a Marital Settlement Agreement, which lays out their plan for support, disposition of assets, and parenting. The agreement will be legally binding and should be reviewed by an attorney.
If neither spouse wants alimony and they have no minor or dependent children, and no spouse is pregnant, they can seek a simplified uncontested divorce. There, too, the spouses submit a Marital Settlement Agreement.
Both spouses must appear at the final hearings in an uncontested divorce.
When the couple has no assets or minor children and agree to divorce, one spouse may serve and file a Petition of Dissolution; only one spouse needs to appear in court in such cases.
Our Divorce Attorneys Are Here to Listen
At the Stuart, Florida Law Offices of Travis R. Walker, our attorneys understand that you are going through a trying time. In the consultation, our legal team will listen carefully to your unique story and provide advice tailored to your specific divorce situation.
The Law Offices of Travis R. Walker provides aggressive, compassionate representation. We are available for consultation by phone, Zoom, and in-person in our Stuart, Florida law office.