Florida Divorce Lawyers Serving Broward & Palm Beach County
Weiner & Weiss, LLC represents clients in family law matters, including divorce and all of its accompanying issues. We recognize that going through a divorce can be one of the most difficult and stressful times in a person's life. Furthermore, we understand that each relationship is unique and that no arrangement fits every family's needs. Therefore, as our client, you can be sure that we will take the time to listen to your concerns, identify important issues, and develop a plan aimed toward achieving an optimal resolution for you and your family.
General Information about Divorce in Florida
In Florida, the legal term for divorce is "dissolution of marriage." All divorces in Florida are granted on a no-fault basis, which means that the personal conduct of either spouse toward the other (or a child), if any, is not relevant to the right to a divorce. This is different than some states that have various grounds for divorce, such as adultery or abandonment.
Under Florida divorce laws, all you will need to prove to obtain a no-fault divorce is that your marriage is irretrievably broken or that one of the parties is mentally incapacitated. To show that a marriage is irretrievably broken, you can simply testify to the fact, such as "we lead separate lives" or "we do not love each other anymore."
Drug or Alcohol Addiction as a Factor in Divorce
While Florida has abolished fault as a ground for divorce, fault may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and debts, and determination of custody and parental responsibility. For example, if a spouse is spending a significant amount of money on a drug or alcohol addiction, a court can award the innocent spouse a substantial portion (more than 50%) of the existing marital estate.
Representation for Contested & Uncontested Divorce Cases
The no-fault rule does not mean that all divorces in Florida are uncontested. Spouses may disagree over divorce-related issues, such as child custody, property distribution and spousal support. When divorcing spouses go to trial to resolve such issues, the case is called a contested divorce. On the other hand, cases that do not go to trial are called uncontested cases. In uncontested cases, issues are generally resolved through mediation and negotiated agreement.
The term uncontested can, in fact, be misleading, for divorcing spouses may spend months arguing over the terms of an agreement before resolving their differences. A truly uncontested case only occurs when there is complete agreement at the time of filing for divorce and little need for negotiation.
At Weiner & Weiss, LLC, we handle contested and uncontested divorce cases with equal commitment to achieving good results for our clients.
Contact an Experienced Divorce Attorney in Southeast Florida
If you are considering divorce, please contact Weiner & Weiss, LLC for experienced, supportive representation. Based in Boca Raton, we serve clients throughout Broward and Palm Beach counties in southeast Florida.