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3 Basic Kinds of Divorce in Florida

Gerardo D. Batts 0

With divorce holding less of the stigma it used to, it may seem as if fewer husbands and wives are sticking it out than ever, but the opposite is in fact true. Even though approximately 39% of today’s marriages end up broken, this number is actually down from what it used to be. In the past forty years, divorce rates have gone down, rather than up. Regardless, divorces still take place, with divorce laws varying by state. Florida itself has two basic kinds of divorce, one of which can be further broken down into two more subtypes.

  1. Contested

contested divorce Tampa is a type of “regular dissolution of marriage,” essentially a “regular” divorce. In a “regular dissolution of marriage,” one party (the petitioner) asks the court for a divorce from his or her spouse (the respondent). In a contested one, there is disagreement over child-related issues (custody, visitation and support), asset division and/or marital debt. The two must then appear in court, where a judge will make a ruling.

  1. Uncontested 

An uncontested divorce is another form of “regular dissolution of marriage.” This does not entail a trial as the soon to be former husband and wife have come to an agreement related to marital issues and have signed a divorce settlement. There are two requirements: Before forty-five days have passed after the filing of the divorce paperwork, they must have finished a financial affidavit, and they must both be present at a final divorce hearing.

  1. Simplified

A simplified divorce is one where both spouses act as petitioners. They file for divorce together. For this to take place, the wife cannot be pregnant and there can be no underage children as a result of their union. Both must be at the final hearing. They also have to provide a financial affidavit and property settlement agreement, regardless of whether or not either actually has any property. A lawyer is not necessary for this procedure.

Divorce can be difficult or simple. This depends on the level of agreement between the separating couple, as well as state requirements.

 

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