Divorce is a time of immense stress and uncertainty. Navigating this difficult process will be a struggle for anyone. Surviving a divorce and emerging successful, emotionally, personally, and financially, will require much self-evaluation, external awareness, and often some guidance from a professional in the field of uncontested divorce law.
The following is a list of the top three mistakes made by well-intentioned spouses seeking an uncontested divorce. These mistakes are often made due to the high emotions promulgated during this time and a simple lack of guidance or knowledge. It is our hope that this list can save you much unnecessary grief while obtaining your divorce.
Letting emotions take control of your decision making - It is easy for divorcing spouses to allow the intense emotions that so often accompany a divorce, such as anger, sadness, and hurt, cloud rational decision making. If you go into your divorce with the desire to “win” in order to hurt your spouse or feel vindicated, your divorce will likely turn quite acrimonious and cost you greatly in the long-run. It is best to set aside emotions when it comes to important divorce decisions. Recognize that if you can calmly and reasonably reach a marital settlement agreement, you may be able to obtain an uncontested divorce which will offer both of you a quick dissolution with far less expense and emotional upheaval involved.
Proceeding with a divorce pro se - Everyone needs some assistance to go through the difficult, complex, and stressful process of a divorce. While an uncontested divorce will require far less time in court and fewer filings of legal documents, you will still require the advice and assistance of a knowledgeable divorce attorney. Your divorce attorney will advise you fully as to your legal rights, ensuring your proposed divorce settlement is fair. Your divorce attorney will be instrumental in drafting your proposed settlement as well as your parenting plan, if children are involved in the divorce. Obtaining an uncontested divorce which both you and your soon to be ex spouse will be happy with in the long-run requires the assistance of a divorce attorney well-versed in Florida divorce law and committed to client satisfaction.
Bringing children into the divorce - Divorcing parents often look to an uncontested divorce because it offers an easier option on their children. One of the major benefits of an uncontested divorce is the ability of parents to agree ahead of time on important parenting issues, such as time-sharing, holiday time-sharing, educational concerns, extracurricular activities, and the like. Additionally, an uncontested divorce makes the entire divorce process shorter and less acrimonious. Despite these benefits, some parents make the mistake of bringing their children into the uncontested divorce, by speaking badly of their soon to be ex spouse or attempting to sway their opinion on time-sharing arrangements. Children are often confused and upset enough during divorce. Parents should try, as much as possible, to put their children’s emotions and well-being above their own and shield them from the divorce process. With the help of your divorce attorney, you can achieve a parenting plan that will ensure your children’s happiness.
Florida requires an equitable distribution of the marital property (what is fair, not necessarily equal). Each spouse keeps the property and debts that belonged to them before the marriage. Each spouse also keeps any property received as a gift or inheritance, or any property that the spouses agree to divide in a written agreement. Any property that was acquired before the spouses married or that was received as a gift or inheritance is not considered marital property. If the spouses cannot come to an agreement, a court will divide the property and the debt.
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