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Boca Raton Divorce Lawyers Serving Broward & Palm Beach County

Accessible attorneys provide competent and compassionate assistance

At Weiner & Weiss, LLC, we recognize that going through a divorce can be extremely difficult. We also understand that each relationship is unique and that no standard resolution fits every family’s needs. When you become our client, you can be sure we’ll take the time to listen to your concerns, identify important issues and develop a plan focused on the optimal resolution for you and your family. Our family law attorneys have more than 45 years of combined experience handling divorce cases in Broward and Palm Beach counties. We are ready to put our knowledge and experience to work for you.

The basics of Florida divorce law

In Florida, the legal term for divorce is “dissolution of marriage,” and every divorce is granted on a no-fault basis. No-fault divorce means a petitioner does not have to allege or prove specific marital misconduct to convince a court to dissolve the marriage. So, even if a spouse has committed adultery or exhibited cruelty toward a spouse, those issues are not relevant to the proceedings.

Under Florida law, all you must 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 by saying, “We lead separate lives” or “We do not love each other anymore.”

Adultery and addiction as factors

Although Florida family law has abolished fault grounds 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. However, the consideration is economic rather than moral. For example, a spouse who has spent marital assets on a paramour can be penalized in the alimony or property ruling. Likewise, if an addicted spouse has been 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 percent) of the existing marital estate.

Will your divorce be contested or uncontested?

The no-fault rule does not mean that all divorces in Florida are uncontested. Spouses may disagree over certain issues, such as child custody, property distribution, child support 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, as 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.

How to file for divorce

If you’re contemplating divorce, you probably have many process questions: How long will it take? How much will it cost? What papers must I file, and when? There are so many factors influencing the time and expense, not to mention the stress, of divorce that it’s impossible to give an estimate. However, we can outline the general process to give you an idea of what most parties go through:

  • Meeting the residency requirement — In Florida, the residency requirement for a court to claim jurisdiction in a divorce case is six months. This means that one or both spouses must be living in Florida for at least six months before filing the Petition for Dissolution of Marriage.
  • Filing for divorce in Florida — To get the process started, one or both parties must file a Petition for Dissolution of Marriage in the circuit court in the county in which one party resides. The parties may also file additional paperwork at this time, such as a financial affidavit or a marital settlement agreement, depending on the circumstances of their marriage. If financial statements are not filed with the petition, each party must complete a financial affidavit for the other party within 45 days of the service of the petition or several days before any temporary hearing.
  • Answering the petition — If one spouse filed the divorce petition, the other spouse has 20 days from the date of being served to file an answer to the petition. The answer should address the issues in the initial petition and any additional issues addressed in a counter-petition.
  • Subsequent documentation — After the petition is filed, the county clerk of court’s office notifies both parties of court dates and information required for a hearing. It is essential to follow the county clerk’s directions and to submit all required documents on time, as failure to submit the correct information or documents — or failure to appear in court — can result in a dismissal of the  petition or even court sanction.
  • Required mediation — Broward County and Palm Beach County have court-connected mediation services and require at least one mediation session before the date for a divorce trial can be set. Mediation is to help the parties reach a settlement without a trial. Its purpose is not to save a marriage but to arrive at agreeable terms for child custody, child support, alimony, property division and other issues.
  • Litigation — If the parties cannot reach a settlement agreement, a trial is required. At this trial, each party will present its case to the judge and the judge will make the final decision on contested issues, which are issued in the final divorce decree.

Our goal is to provide you with highly responsive counsel and capable representation throughout every step of the divorce process. Whether you have a cooperative and reasonable spouse with whom a swift settlement is possible or your situation requires aggressive litigation to protect your parental and property rights, we are prepared to deliver the quality legal services you require.

Contact an experienced divorce attorney in Boca Raton

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. Call us at (561) 391-1333 or contact our office online to schedule a consultation.

Our Attorneys
  • "Could not have asked for a better attorney. I dealt with an extremely difficult and tedious divorce. Gary and his team were always thorough and fully prepared. Always at the top of their game and always treated me as a top priority as they do all their clients. Recommend Gary Weiner as the attorney to handle your divorce if you need it done right!!!! " - Zachary B.,★★★★★

  • "Scott Weiss is always knowledgeable and reachable when I have a question. I have referred clients to him and will continue to refer clients!" - Ian S.,★★★★★

  • "Scott is a professional who is well-liked, collegial in a highly adversarial field. He has been mentored by an excellent lawyer and although still a younger lawyer he is fast gaining experience in complex matrimonial matters. He has moved beyond second chair to handling matters on his own. He is a pleasure to work with." - Anonymous,★★★★★

  • "Scott is not only a great lawyer, but he is also very involved in the community." - Anonymous,★★★★★