Dissolution of Marriage
Essentially, dissolution of marriage is another term for divorce. In Florida, dissolution of marriage is governed by Fla. Stat. § 61.052 entitled, "Dissolution of Marriage." A divorce in Florida can be categorized as, contested or uncontested divorce.
An uncontested divorce means that neither part is responsible for the end of the marriage; the parties simply cannot reconcile their difference and neither party is fighting to keep the marriage. A contested divorce, on the other hand, means that only one party wants the marriage to end.
There are many factors that must be considered when planning the outcome of marriage dissolution. The parties sometimes have minor children, one or both parties are in the military, or only one party wants to divorce.
In any of these scenarios, having an experienced attorney is crucial. An attorney can help navigate the pitfalls and unexpected revelations in any divorce proceeding.
Attorney for Marriage Dissolution with Minor Children in Ft. Lauderdale, FL
Attempting to divorce a spouse, whether that divorce is an at fault or no fault divorce, with minor children can be very complicated. If either party wants to relocate with a child or make a major health or educational decision, for example, then he or she will need the other parent's approval. Many of these issues can be handled in the marriage dissolution agreement; having an attorney can help.
Call The Bacchus Law Firm for more information about how our experienced family law attorney can help you. We have handled many dissolutions of marriage cases, and we understand the nuisances of divorce.
Our offices are centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been arrested or are subject to investigative procedures in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.
Call (954) 500-5555 for a face-to-face consultation.
Broward County Dissolution of Marriage Information Center
- How does dissolution of marriage work in Florida?
- What effect do minor children have?
- How do minor children impact relocation?
- What is required in a parenting plan?
- Where can I learn more about dissolution of marriage in Fort Lauderdale?
Florida is a "no-fault" State. Therefore, a simple uncontested dissolution of marriage, without children, can easily be accomplished. Both parties must have lived in Florida for at least six (6) months for Florida to have jurisdiction to dissolve the marriage. The proceeding may be even easier if the parties have already agreed to the separation of assets and liabilities. Florida Statute § 61.052 states as follows:
- No judgment of dissolution of marriage shall be granted unless one of the following facts appears:
- the marriage is irretrievably broken, or
- one of the parties is mentally incapacitated.
- Based on the evidence at the hearing, which need not be corroborated, that the marriage is irretrievably broken, the Court will grant the petition for dissolution.
Not only does having a minor child in any divorce proceeding make the divorce a lot more emotional, but having a minor child may change the disposition of the divorce proceedings substantially.
In addition to fulfilling the above requirements, when there is a minor child, the court may do any of the following:
- order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or
- continue the proceedings for a reasonable length of time, not to exceed three (3) months to enable the parties themselves to effect a reconciliation; or
- the court may take other action as may be in the best interest of the parties and the minor child.
Many people relocate after a divorce. If you and your former spouse had children before or during the divorce, however, relocating may not be an option. If one time-sharing parent seeks to relocate, more than fifty (50) miles from the principal place of residence and if the location change is for at least sixty (60) consecutive days, then the individual must file a petition to relocate.
Under Fla. Stat. §61.13001, unless an agreement has already been entered into between the parents, a parent seeking relocation must file a petition to relocate and serve it upon the other parent or any other person "time-sharing" with the child.
When parents divorce, the court will require the parties to establish a parenting plan. A parenting plan is required in all cases that involve time-sharing with a minor child –even when the time-sharing is not in dispute.
The parenting plan must be developed by anyone with rights of access to the child or children, agreed to by the parents, and approved by the court.
If the parties cannot agree to a parenting plan or if the court does not approve the parents' plan, then the court will establish the parenting plan.
A Parenting Plan must describe in adequate detail, the following:
- how the parties will share and be responsible for the tasks associated with the upbringing of the child or children;
- the time-sharing schedule which will specify the time that the minor child or children spend with each parent;
- a designation of who will be responsible for all forms of health care, school-related matters, including the address to be used for school-boundary determinations; and
- the methods and technologies that the parents will use to communicate with the child or children.
Instructions for Florida Family Plan –Visit the official website of the Florida Courts for more information on how to construct a parenting plan, including the requirements of the Florida Supreme Court, where to file the plan and the process of getting the plan approved.
61.052 F.S. -- Visit the Official website of the Florida Senate for the full Florida statute on the dissolution of marriage. The Statute contains information on how the Florida courts handle divorce and the necessary information for filing a divorce with minor children, without minor children, and whether the divorce is contested or uncontested.
Pamphlet on Divorce – Visit the official website of the Florida Bar for more on the dissolution of marriage through the court, a simplified dissolution plan, the division of assets, alimony, and many other matters that concern individuals who are considering getting a divorce in Florida.
Find an Attorney for Dissolution of Marriage in Broward County, FL
If you or someone you know is in the process of or is considering divorce, then contact the experienced attorneys at The Bacchus Law Firm. Our attorneys have years of experience fighting for those who are having troublesome separations, divorces, and relocations.
We take cases throughout the Miami-Ft. Lauderdale area in counties like Collier County, Palm Beach County, Hendry County, and Miami-Dade County.
Our office is centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been are seeking to help with a divorce, time-sharing agreement, or similar family law issue in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm.
Call (954) 500-5555 for a face-to-face consultation and allow one of our experienced attorneys to walk through your options with you.
This article was last updated on Monday, May 8, 2017.