Do I Need a Lawyer if Both Spouses Agree on Everything?
When you think of divorce, you likely imagine a nasty court battle with a lot of disagreements. However, this is not always the case. Some divorces are amicable, with both spouses able to split everything on their own, without disagreements.
This allows you to get a simpler, quicker divorce in Florida called a simplified dissolution of marriage. This process allows couples to get a quick divorce, taking just 30 days from filing to finalization. However, the couple must have complete agreement on the terms of the divorce, and it has to be uncontested.
However, some other criteria must be met. There must not be any minor children or alimony involved. In addition, at least one spouse must have lived in Florida for the last six months, and both parties must agree that the marriage is irretrievably broken. Also, both parties waive their rights to a trial and appeals.
Divorce is simplified when there are no children or assets involved. You can easily represent yourself. Just be sure to fill out all paperwork and file it in a timely manner.
Do I Need a Lawyer?
Divorces are complicated and stressful. Do you really want to proceed without a lawyer? If you and your spouse are both in 100% agreement with the terms of the divorce, then you may be able to save money and forgo a lawyer. But do you trust your spouse? They are not looking out for your best interests. Having a lawyer on your side can ensure your legal rights are protected.
Also, can you say for sure that you and your spouse have agreed on absolutely everything? What will happen to your house? What about retirement assets? What if there are children involved? (You cannot have a simplified dissolution of marriage if you have minor children, but you can still have an uncontested divorce.) Have all issues regarding child custody and support been agreed on?
Once you have agreed on everything, it is not over. You need to draft contracts and agreements and have the court agree on them. Make sure the documents are filled out properly. One little mistake can affect you for many years. It’s a good idea to have a lawyer look over all legal contracts.
Your divorce is not finalized until the judge signs the final decree. The judge will sign this when the necessary paperwork has been completed within the guidelines of the law.
Contact a South Florida Divorce Lawyer Today
While you can technically divorce without a lawyer, having the right legal help can make all the difference. A lawyer can ensure all forms are filled out properly and that all legal processes are adhered to.
The right lawyer can reduce your stress during this difficult time. Experience matters. For help with your divorce case, contact Brian K. McMahon, P.A. at (561) 658-1789 or fill out the online form. We serve West Palm Beach, Boca Raton, Port St. Lucie, and South Florida.