Stuart Divorces Attorney

Our Stuart divorces attorney always try to help our clients reach an equitable agreement that both parties find acceptable, but unfortunately this is not always possible.

Divorces in Stuart and the surrounding areas of the Treasure Coast are often easier and less time-consuming if both parties are able to come to an agreement to file for an uncontested divorce or simplified dissolution. If the two parties cannot come to an agreement, they must file for a regular dissolution with the circuit court.

Florida divorce law requires “mandatory disclosure” of financial matters in a contested divorce. Both parties are required to complete an extensive form called a financial affidavit. This includes questions about your budget, income, assets, and debts. Divorcing couples with children will also need to fill out a mandatory child support worksheet, which often contains some of the same information from the financial affidavit. These forms can be complicated and sometimes confusing. A Florida divorce attorney can answer any questions you have and help ensure that the forms are filled out correctly.

Contested Divorces

Sometimes contested divorces involve financial issues that need to be addressed quickly, long before the divorce is likely to be finalized. For example, if your spouse has moved out and left you with the kids, you may need spousal support to pay for things like groceries, school supplies, and other needs your children have. In this case, your Florida divorce attorney can help you file a “request for temporary relief.” Essentially this asks a judge to make an immediate but temporary ruling on some sort of financial issue. This ruling will stay in effect only until the divorce is finalized. In this example, the judge may decide your spouse should pay you a certain amount of money each month for child or spousal support, until the divorce is completed. Property is not usually addressed by a request for temporary relief, unless it involves property like a home or vehicle one party wishes to use until the divorce is final.

It is important for both parties to know all the facts when arguing their case in a divorce proceeding. The judge also needs the have the full picture in order to make a decision. In some cases, it is necessary to go through the discovery process to bring all the important information to light. Florida divorce law does not require either party to issue a discovery request, but if one party does so, the other party has to comply.

Discovery Procedures

Discovery procedures frequently include requests for financial information, like bank records, retirement accounts, credit card statements, etc. Financial institutions like banks and investment firms may be issued a subpoena for these records. Discovery may also include interrogatories or depositions from one or both of the divorcing individuals, and sometimes third parties. Parties must answer under oath. An interrogatory is a written set of questions, and a deposition usually involves oral questioning in the presence of a court reporter.

Hiring a Divorce Attorney

Some Florida counties require couples attempt to reach their own resolution with the help of a mediator before the court will hear an uncontested divorce case. Most mediators charge by the hour, but some counties may provide mediation services at no charge. If a settlement is not reached in mediation, it may still happen before the trial date arrives, at which point the parties may present their agreement to the judge. If an agreement is not reached by the trial date, the proceedings are usually conducted in the judge’s chambers, with all the usual rules about evidence and testimony still in effect.

If you have questions or concerns about divorce, family law, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.