Tag: simplified dissolution

How Long Does an Uncontested Divorce Take in Florida

How Long Does an Uncontested Divorce Take in Florida

How long does an uncontested divorce take in Florida? Since there is no legal separation in Florida, after our Orlando uncontested divorce attorney has carefully reviewed a client’s factual circumstances, we spend time with our client to explain the timeline and procedures involved in their case. An uncontested divorce in Florida is based on the parties’ mutual agreement to work out and resolve all their issues without any litigation. All documents should be prepared, signed and notarized (where appropriate) before the case is filed to preserve its character. How long does an uncontested divorce take near Orlando, Florida? In Orange County, as in many other counties such as Lake and Seminole for example, there are unique procedural court rules your uncontested divorce attorney must follow. In counties such as Lake and Sumter, the procedure is generally routine. Speak with a family lawyer about your amicable dissolution of marriage by calling 407-335-8113.

How long does an uncontested divorce take in Florida depends on the parties’ ability to communicate and work together toward an equitable resolution of all issues. For example, if a case involves minor children, the parties will likely engage in extensive talks about pick-ups and drop-offs, overnight timesharing, holiday timesharing, childcare providers, education, and healthcare decisions. Mapping out the life of a minor child is a complicated process requiring the utmost of care and concern. One strategy that may be helpful is to have our client and the other party complete their version of a generic calendar to ensure the parties share common vision for overnight timesharing with the child(ren).

How long does an uncontested divorce take near Orlando, Florida depends again on the parties themselves and the court’s degree of availability. Cases involving both parenting issues and the equitable distribution of marital assets (including qualified domestic relations orders) and liabilities may take longer to prepare and formalize. It is common for spouses to have disagreements when divorcing. This makes the role played by your Orlando uncontested divorce attorney even more important.

One of the best parts of helping clients with amicable divorces is getting to know them on a personal level. The life experiences and stories about raising children and successful career voyages are just absolutely amazing to hear. How long does an uncontested divorce take in Florida depends on the parties, the length of time the divorce attorney takes to draft the documents, and ultimately, it may depend on whether a judge’s docket is overloaded. Call Jacobs Law Firm 407-335-8113 today for a consultation about your amicable divorce.

uncontested divorce Winter Garden FL

Uncontested Divorce Winter Garden FL

If you are pursuing an uncontested divorce Winter Garden FL, you have the choice of venue for where your case will be filed. If you choose to file your case in Orange County or Lake County, Florida, there may be certain advantages that accompany each location. In Florida, litigants may file in any county of their choosing if they are pursuing an amicable divorce. There are some procedural differences between Lake and Orange County Florida in the way the family law court handles the finalization of a divorce. The additional paperwork required by the family court in Orange County may cause some in Winter Garden and Oakland, Florida to choose to file their case in Lake County (at the Tavares Courthouse). To speak with an uncontested divorce attorney Winter Garden FL call 407-335-8113 to consult with the Jacobs Law Firm about your case and find out why choosing an uncontested divorce may be the best way for you to move forward.

Uncontested Divorce Attorney Winter Garden FL

An uncontested divorce attorney in Winter Garden FL can help save you money. For starters, uncontested divorce generally does not require a process server and therefore there is no summons fee charged by the clerk of court. This could result in substantial savings. Further, an uncontested divorce can allow spouses to pre-litigate/settle ALL of their issues without any litigation. Rather than spending months or years tied up in a bitter struggle, spouses are welcome to retain Jacobs Law Firm to make their divorce affordable. Leave more of your hard-earned money to your children, and have more funds available to start your post-marital life without hardship and financial distress.

Traditionally, an uncontested divorce means both sides have decided how best to co-parent (provided the case involves minor children), how to allocate for the children’s time with each parent, and which parent will be the primary school parent (if this is a crucial issue in your case). Moreover, your uncontested divorce attorney Winter Garden FL will provide insight into the best approach to equitably (fairly, reasonably, and justly) dividing your marital assets and liabilities. The division of cars, homes, bank accounts, retirement accounts, credit card debts, student loan debts (etc.), is best done with guidance from an attorney trained experienced with litigation and uncontested divorce in Winter Garden FL.

When you are ready to resolve all of your issues amicably and speak with a Winter Garden Divorce Attorney, call Jacobs Law Firm at 407-335-8113. Speak with Attorney Jonathan Jacobs about all of the issues you are concerned with and find out how we may help save you money and move on without the bitterness associated with divorce litigation.

Final Divorce Decree Florida

Final Divorce Decree Florida

Clients often express surprise that we generally may not ask the family law and divorce court for a final judgment the day we file their case. A reason we wait approximately three weeks from the date of filing to ask for your final divorce decree Florida to be granted is because of Florida Statute § 61.19. Florida Statute 61.19 governs the timing of the entry of a final judgment in a dissolution of marriage case. Does Florida have a waiting period for divorce? According to the Statute, an entry of final judgment may not be entered until at least twenty (20) days have elapsed. This is known as the delay period. There is an interesting distinction in the language you have just read. Call Jacobs Law Firm at 407-335-8113, flat fee divorce attorney Orlando today for a consultation.

Final Judgment of Dissolution of Marriage

The official language of Florida Statute 61.19 provides: “No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.” A final divorce decree Florida may not be granted until 20 days after the filing of the ORIGINAL petition for dissolution of marriage. This means a divorce may be granted shortly after a filing of an amended petition for divorce provided twenty days have elapsed since the original had been filed. Timelines are important in dissolution of marriage cases and rules exist to protect one or both litigants and the integrity of the court.

florida statute 61.19

Florida Statute 61.19

Consider the District Court of Appeals case of Magaziner v. Magaziner, 434 So. 2d 10, 11 (Fla. 3d DCA 1983). See Also Golub v. Golub, No. 5D21-421, 2021 WL 1326316, at *5 (Fla. 5th DCA 2021). In Magaziner the Court heard a case in which a final judgment was entered prior to the lapsing/expiration of the statutory 20 day waiting period. The District Court conceded the trial court’s procedural error in its early entry of final judgment. However, the Magaziner Court found there “was no showing in the record that injustice would result from the statutory 20-day delay”. Therefore, a Rule was violated, but that early entry of final judgment did not impact the outcome of the case. This should not encourage a violation of the Rule, but it should be a cause for concern as a judgment could be at risk if the Rule of Florida Statute 61.19 is not followed. If you intend to ask the family court for an early entry of final divorce decree Florida, there should be a mutual agreement of the parties and a valid reason justifying that time is of the essence. Call Jacobs Law Firm at 407-335-8113, flat fee divorce attorney Orlando, uncontested divorce attorney Orlando today for a consultation.

pasco county uncontested divorce

Pasco County Uncontested Divorce

Contact Jacobs Law Firm to start your Pasco County uncontested divorce today. A Pasco County divorce attorney can help make your divorce affordable and as amicable as possible. Among the differences between a contested and an uncontested divorce in Pasco County, FL is an amicable divorce is generally resolved before a case is filed with the family law circuit court. This means that your divorce attorney in Pasco County will assist with drafting all of your documents and seeking to have all required signatures and notarizations complete before the case is filed. Contact Jacobs Law Firm for a consultation about your uncontested divorce in Pasco County, FL at 407-335-8113.

A Pasco County uncontested divorce may involve minor children. When minor children are involved in your family law case, a parenting plan is required, both parties must fill out a financial affidavit, and if child support is not already handled with the Department of Revenue, child support guidelines worksheets are generally submitted to the court. The parenting plan may involve a long-distance arrangement. The number of overnights should be specified, and a vast number of issues regarding parental responsibility and parental roles should be decided and codified.

Affordable Pasco County Divorce Attorney

A Pasco County divorce attorney will assist with (likely draft) a marital settlement agreement for you. This marital/property settlement agreement in your divorce will determine how your marital assets and liabilities are to be equitably distributed in the context of your dissolution of marriage. The property settlement agreement may involve the disposition of homes, cars, personal property, retirement funds, and more. Many litigants utilize their financial affidavits for reference while drafting the agreement. This may assist with ensuring all marital assets and liabilities are accounted for in your uncontested case.

Pasco County Divorce Attorney

Affordable Divorce Pasco County

Should your divorce involve relocation (one party is moving more than 50 miles away from his/her present location), a long-distance parenting plan will be required. Furthermore, your divorce attorney in Pasco County will need to ensure the long-distance parenting plan meets the specific requirements set forth by the court to ensure continuous and meaningful contact among the parents, should the parents prefer such an outcome.

As a Pasco County divorce attorney, Jacobs Law Firm assists clients with their Pasco County uncontested divorce cases. If retained, this service can be as extensive as drafting all required documents for clients, filing their documents, and arranging for the case to be completed through a final judgment for dissolution of marriage. Call 407-335-8113 to speak with a divorce attorney in Pasco County and start your uncontested divorce in Pasco County FL.

Simplified Dissolution Of Marriage Orange County Florida

Simplified Dissolution Of Marriage Orange County Florida

Ultimately, when you seek to obtain a Simplified Dissolution Of Marriage Orange County Florida, you are welcome to call the Jacobs Law Firm, PLLC offices Winter Park, and Clermont Florida for more information and guidance. Our family law practice concentrates on divorce and family law (paternity and related matters. Call 407-335-8113 today to schedule your consultation and find out the requirements for simplified dissolution of marriage Orange County Florida.

The jurisdictional and technical requirements of simplified dissolution of marriage Orange County Florida are as follows (paraphrased and interpreted for you):

  1. One or both spouses must have lived in Florida (established residency) for at least six (6) months prior to filing the Petition for Simplified Dissolution of Marriage.
  2. Both spouses must agree that the marriage cannot be saved, i.e. it is irretrievably broken.
  3. The spouses CANNOT have any minor or dependent children together, the wife cannot have had any minor or dependent children born during the marriage (even to another partner), and the wife must presently not be pregnant. Essentially, if there are children of the marriage, even over 18, this type of divorce is probably not right for you.
  4. Both spouses must agree completely on the division of their marital assets and liabilities, and must complete a marital settlement agreement to that effect that has been signed and notarized.
  5. Neither party may seek alimony in a simplified dissolution. Alimony is a major issue that complicates a divorce.
  6. Both parties must be willing to sign and execute all documents required by the Court and must be willing (if asked or unless waived) to attend a final hearing for dissolution.

The jurisdictional and technical requirements of simplified dissolution of marriage Orange County Florida are as follows (paraphrased and interpreted for you):

  1. One or both spouses must have lived in Florida (established residency) for at least six (6) months prior to filing the Petition for Simplified Dissolution of Marriage.
  2. Both spouses must agree that the marriage cannot be saved, i.e. it is irretrievably broken.
  3. The spouses CANNOT have any minor or dependent children together, the wife cannot have had any minor or dependent children born during the marriage (even to another partner), and the wife must presently not be pregnant. Essentially, if there are children of the marriage, even over 18, this type of divorce is probably not right for you.
  4. Both spouses must agree completely on the division of their marital assets and liabilities, and must complete a marital settlement agreement to that effect that has been signed and notarized.
  5. Neither party may seek alimony in a simplified dissolution. Alimony is a major issue that complicates a divorce.
  6. Both parties must be willing to sign and execute all documents required by the Court and must be willing (if asked or unless waived) to attend a final hearing for dissolution.

The jurisdictional and technical requirements of simplified dissolution of marriage Orange County Florida are as follows (paraphrased and interpreted for you):

  1. One or both spouses must have lived in Florida (established residency) for at least six (6) months prior to filing the Petition for Simplified Dissolution of Marriage.
  2. Both spouses must agree that the marriage cannot be saved, i.e. it is irretrievably broken.
  3. The spouses CANNOT have any minor or dependent children together, the wife cannot have had any minor or dependent children born during the marriage (even to another partner), and the wife must presently not be pregnant. Essentially, if there are children of the marriage, even over 18, this type of divorce is probably not right for you.
  4. Both spouses must agree completely on the division of their marital assets and liabilities, and must complete a marital settlement agreement to that effect that has been signed and notarized.
  5. Neither party may seek alimony in a simplified dissolution. Alimony is a major issue that complicates a divorce.
  6. Both parties must be willing to sign and execute all documents required by the Court and must be willing (if asked or unless waived) to attend a final hearing for dissolution.

The jurisdictional and technical requirements of simplified dissolution of marriage Orange County Florida are as follows (paraphrased and interpreted for you):

  1. One or both spouses must have lived in Florida (established residency) for at least six (6) months prior to filing the Petition for Simplified Dissolution of Marriage.
  2. Both spouses must agree that the marriage cannot be saved, i.e. it is irretrievably broken.
  3. The spouses CANNOT have any minor or dependent children together, the wife cannot have had any minor or dependent children born during the marriage (even to another partner), and the wife must presently not be pregnant. Essentially, if there are children of the marriage, even over 18, this type of divorce is probably not right for you.
  4. Both spouses must agree completely on the division of their marital assets and liabilities, and must complete a marital settlement agreement to that effect that has been signed and notarized.
  5. Neither party may seek alimony in a simplified dissolution. Alimony is a major issue that complicates a divorce.
  6. Both parties must be willing to sign and execute all documents required by the Court and must be willing (if asked or unless waived) to attend a final hearing for dissolution.


Simplified Dissolution How do I Do it?

Requirements of Simplified Dissolution Of Marriage Orange County Florida: The first step you must undergo is checking to see if you meet all of the requirements above. Frankly, you may need to consult with an Orlando Divorce Attorney for verification. The second step is for both parties (since getting a Simplified Dissolution implicitly indicates agreement and cooperation) to sign paperwork and exchange information as required. Two minds are better than one, and the greater the degree of cooperation and understanding, likelier, the easier the process will be. Third, you may wish to contact the Orange County Clerk of Court for verification that you are filing your documents properly and that the Court has accepted your documents.

Requirements of Simplified Dissolution Of Marriage Orange County Florida

Ultimately, when you seek to obtain a Simplified Dissolution Of Marriage Orange County Florida, you are welcome to call the Jacobs Law Firm, PLLC offices Winter Park, and Clermont Florida for more information and guidance. We specialize in divorce and family law.

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When seeking to obtain a Simplified Dissolution Of Marriage Orange County Florida, you are welcome to call the Jacobs Law Firm, PLLC offices Winter Park, and Clermont Florida for more information and guidance. We practice divorce and family law in Lake County, Orange County, Seminole County and Osceola County Florida. We know the requirements of simplified dissolution of marriage and can help you determine the correct manner in which to categorize and petition for your divorce. Call us today for help (407) 335-8113.