Marriage is a commitment between two people which is not always easy to fulfil. And sometimes a couple realizes very quickly that their decision to get married was probably not right, and that the marriage might not work. They soon realise that it would be better to part ways and, therefore, they seek divorce.
Divorce is generally seen as messy process that takes a lot of time, money and effort to accomplish. For couples who realizes soon after marriage that the relationship is not going to work and that divorce is the only option, some common questions arise: whether there is some minimum time stipulation before divorce can be filed, how much time the case will take to finish, and if annulment could be a better option. Speak to top divorce attorneys in Florida to seek answers to whatever questions you may have.
Like any other legal case, there certain procedures that must be followed before court can issue a final judgement to dissolve the marriage. This can be very frustrating for newlywed couples who are ready to move forward in their lives. However, top divorce attorneys in Florida can help you understand the entire process and the basic timeframe you should expect for the exercise to complete, and why annulment is rarely the solution in these cases. It should help in making the process a little easier for the newlyweds.
Florida does not impose any minimum amount of time for a marriage to last before a divorce can be filed. However, there is a six months residency requirement that one spouse must fulfil, which may delay the filing of divorce petition by new residents. Also, the judges may examine the divorce petitions from newlywed couples a little more carefully to see if there could be any scope for reconciliation before allowing the case to proceed. The petitioners might be asked to seek counselling or to take a break before arriving at a final decision. This, however, is very rare. So, all that the petitioner needs to do is to contend that the marriage is irretrievably broken, and that there is no other option. Even if the other spouse proclaims that it is not irretrievably broken, and that he/she does not want divorce, the petitioner does not have to prove that it is so.
TIMELINE FOR DIVORCE
Assuming that the residency clause is fulfilled, the next hurdle that will determine how long the case will take to resolve, is whether the divorce is contested or not. Divorce petitions in marriages of short duration are generally not contested, which implies that there is concurrence on all relevant issues like, division of property, support and child custody. In most cases, though, the couples do not share children, thus simplifying the case to a great extent.
In uncontested divorce, the spouses must cooperate to sign, submit and redress paperwork as needed. They can then expect the entire procedure to take up to three to four months, which includes preparing the petition and filing it, and then waiting for the court’s decree of dissolving the marriage. Uncontested divorce cases generally are straight forward without any hiccups.
For contested cases, however, the timeline is much more inconsistent. It depends upon how long it takes for discovery, which can vary between three to nine months. It is also dependent upon how well mediation progresses and whether it can result in a settlement or not. All said, the time to complete a contested divorce can be up to one year or more. It is, however, rare for a divorce proceeding to last more than twelve to thirteen months.
CAN ANNULMENT BE THE ANSWER
Knowing that divorce proceedings can take a number of months to complete, it is understandable that spouses sometimes wonder if annulment could be a better option. However, the spouses must know certain facts about annulment before they explore this possibility. The burden of proof required to achieve this result is much higher, which means the chances of success is far from guaranteed in most cases. Also, annulments take much longer to complete and are far more expensive to litigate. And more importantly, the grounds for annulment are very specific and generally most couples do not have the facts necessary to support these types of cases. In annulment, each spouse is treated as if the marriage did not occur at all.
This may be an important outcome for some, but talking to an experienced divorce attorney Fort Pierce is essential before proceeding with this option.
If you have any concern about your marriage and are considering divorce, first learn about the options that are available to you, before taking any definitive action. There are some strategies that should be applied in divorce cases, and speaking to an experienced divorce attorney in Fort Pierce Florida can help you set up your case for the best possible result. They tailor their approach to the unique needs of individual cases. They can help you get the closure you need in your divorce case.