filing for divorce in Melbourne FL

No one ever thinks it will happen to them. You’re in love and excited to start your life together with your partner. Things are great until suddenly they aren’t. Now, the only thing on the horizon for your once-promising marriage is an impending divorce.

Divorce is hard. Emotionally, it can be devastating. Feelings of anger, resentment, confusion, fear, and shame are all normal. There are so many unknowns and lifestyle changes on the way it can be nearly impossible to navigate on your own.

And because nothing can be easy, filing for divorce in Melbourne FLis just about as intensive. Form after form, court appearances, petitions, and mediations await you. Here at Shamika Saves, I can help you navigate the process from start to finish and lend you my knowledge moving forward.

The Process

  • Petition To begin the process of filing for divorce in Melbourne FL, a petition must be filed in order to start the lawsuit. Petition forms
  • Serve Notice Next, a notice has to be legally served to the spouse informing them of the suit. After being served, that person must file their answer to the petition with the court in the form of a written statement.
  • Financial Information Financial information must be obtained from the spouse as well as provided to them. Specialized rules for this process exist and literature on the procedure can be found at both libraries and law schools.
  • Classes If children are involved, both parties are required to take a parenting class to ensure the child or children do not suffer further as a result of the proceedings. In some instances, the child or children may be required to attend special classes as well. 
  • Mediation Modeled as a type of conference, mediation is led by a trained professional who is assigned to work with both people involved to achieve a settlement. If an agreement can be reached, it must be prepared and brought to the court at a final hearing. If an agreement has not been reached in mediation or otherwise, a trial must be conducted before a judicial officer. At this time evidence will be investigated to allow the judicial officer to make a decision.
  • Final Judgement  A final judgment is required to complete the divorce. This judgment will include determinations about property, support, and child-related concerns.

In the situation where a case is pending, a trial judge may enter orders dealing with specific details that require immediate attention. These details include things like support, possession of assets, maintenance of assets, where children will live, the amount of time children will be assigned to spend with each parent, and attorney fees and costs.

The Legality

Divorce, or dissolution of marriage, is an action to end the marriage contract. When it comes to filing for divorce in Melbourne FL, and the rest of the state, these laws are set by the State of Florida Statutes and the Florida Family Law Rules of Procedure. Forms regarding family law are available through the Florida State Courts website. Legal jargon, language, and specific protocols involved aren’t always formatted in a way where they can be easily understood by everyday people. Of course, my services are designed to forgo those stresses and ambiguity to help you get through such a difficult time of your life.

While it is recommended to have legal representation during the divorce process, it’s not required. Of course, if you have the means to hire a lawyer it might be helpful to heed this advice but not everyone can. Due to the paperwork heavy nature of divorce along with all of the procedural things involved, I offer my services to help effectively guide you through the process so you don’t have to hire a lawyer. 

Why Do People Get Divorced?

Every divorce has its reasons. People lie, cheat, and steal in ways that make it difficult for even the hardiest of people to continue staying married to their spouse. In fact, cheating, fighting, and a lack of commitment are usually listed toward the top of any list cataloging reasons for divorce. Other reasons for wanting a divorce include:

  • Lack of premarital education – Something commonly overlooked by people looking to get married is counseling services. When you get swept up in the excitement of getting married it’s easy to think you don’t need certain services that are available because, at the time, everything is great. 
  • A lack of familial support – We would all like to think that maybe it shouldn’t matter but as we come to find out, it usually does. Our family is our support system. They’ve been with us throughout our entire lives and when it comes down to it their feelings and opinions about who we’re marrying, it matters.
  • Domestic violence disputes – Emotional and physical abuse leave deep imprints on relationships. They affect feelings of safety and trust among various others.
  • Substance abuse – Drug addiction changes people and trickles down into every facet of their lives including their married life.
  • Financial problems – Money tends to be the great divider. When money is streaming in it creates a comfortable environment where everything is good. But when it slows down and it gets tough to pay the bills, stress builds and leads to fighting.

Legally speaking, only two reasons are officially recognized by the State of Florida as constituting grounds for a divorce. 

  1. One party has been declared legally incompetent for a period of time exceeding three years.
  2. The marriage is deemed irretrievably broken. This means that there is nothing the court can do to resolve the marriage. However, if the person who receives the petition refutes the claim that their marriage is irretrievably broken, the court can delay proceedings and order the couple to attend counseling to give them the chance to reconcile their differences.

A special case is made for instances of domestic violence. In these special circumstances, mediation sessions are not usually recommended as a result of the nature of the relationship.

Requirements

An attestation certificate must be signed by both parties as well per Administrative Order 16-35-B 5th Amended. Additionally, it also requires both people involved in the dissolution of marriage case to read specific administrative orders.  

It should be noted that divorce proceedings are public proceedings. As a result, findings and related files are publicly available at the courthouse for review. In rare circumstances, portions of the divorce file may be sealed and thus made unavailable to be viewed publicly.

Contact Me for More Information

Are you considering filing for divorce in Melbourne FL? It can be a seemingly insurmountable process with an endless amount of unknowns and a lot of pain and hurt. I know how hard it can be and I want to help you get through it.

For more information about filing for divorce, contact me at 407-930-9570 or use my online contact page.