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Getting a Florida divorce is not rocket science, but we would not
characterize it as easy, either. Divorce is serious business and may
have serious consequences you will have to live with, if not handled
properly; or, you may not get the divorce you want, at all.
Public policy in Florida favors strengthening of marriages and families,
as their breakdown tears at the fabric of our society. However, the
reality is that there is an awful lot of divorce going around. So,
hurdles and hoops must be jumped over and through to get divorced,
courtesy of the Florida legislature (Chapter
61, Florida Statutes) and courts (Florida
Family Rules of Procedure; Florida
Rules of Civil Procedure;
list of divorce terms), not to mention the case law that interprets
the statutes and rules. Maybe they should make getting married harder.
Forcing people to read the marriage pamphlet apparently has not helped
stem the tidal wave of divorces in Florida and around the country.
Not that the reasoning behind the technical requirements of Florida
divorce is bad; it's just confusing to anyone who is unfamiliar with
the court system, the laws, rules and the process. Truth is, many
judges and lawyers are even confused by it, underscoring the reason
you should do all you can to come to an agreement with your spouse,
rather than have a judge make those important decisions for you after
a trial (the only way to resolve issues that are contested, meaning,
not agreed to).
Understanding the issues, coming to an agreement, memorializing the
agreement, preparing the appropriate "technically required"
papers and properly presenting them in court so that the judge will
sign off on the divorce decree, is the way we win for our clients
in the Florida divorce process (uncontested cases). Easy? You want
hard and/or heartbreaking, go the contested route. No winners, usually,
if you go that way.
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