Brandon Divorce Attorney

"I always tell my clients that one day they will wake up and realize that a weight has been lifted off their shoulders and they will learn to be happy again. The stress that comes with divorce is inevitable, but it's not forever." - Tom Gill

Residency Requirements for Divorce in Brandon

If you wish to file for divorce in the Tampa area, you must first meet a residency requirement. The requirement stipulates that:

• Either you or your ex-spouse must have been an FL resident for at least six months before filing

To qualify as a Florida resident, you must maintain a legal residence for at least six months. A legal residence is not just a house – it’s a permanent home. A Florida driver’s license, for example, is not enough to qualify as proof of residency. If you try to file without meeting the residency requirement, the court may not accept your case or dismiss it.

How to Get Divorced in Florida

All divorce cases are unique, which is why we offer a personalized approach to FL divorce law. That being said, these are generally the steps one must take to get divorced in Florida: 

1. Meet the Florida residency requirement.

• At least one party must have lived in Florida for six months prior to filing for divorce.

2. Determine the type of divorce you will be filing.

• You and your spouse will pursue either a simplified dissolution of marriage or a regular dissolution of marriage. On occasion, a simplified dissolution will turn into a regular dissolution, however it does help the process if this can be determined before filing.

3. File the petition in the circuit court of your county. 

• The party filing for the divorce must file a petition in the circuit court of the county where either spouse resides.

4. Serve your spouse with a formal notice of divorce. 

• Formal notice of the divorce proceeding must be served to the other spouse, either by a sheriff’s deputy or by certified mail. If you are unsure of how to handle this step, our Brandon divorce attorney can help you.

5. Disclose all financial assets and debts. 

• A full and accurate disclosure of all financial matters, debts, real estate, benefits, and retirement accounts must be made along with the affidavit.

6. Reach a settlement agreement. 

• You and your spouse, along with your attorneys, can negotiate a settlement agreement that leaves little to contest at trial. The settlement agreement will contain such issues as:
  • Spousal support
  • Property division
  • Child custody
  • Child support

7. Attend the final court hearing. 

• If a settlement agreement cannot be reached, you must attend a final hearing before a judge to determine the outcome of the divorce.

Contested vs. Uncontested Divorce in Florida

In Florida, as in many other states, divorce proceedings can be broadly categorized into two types: contested and uncontested divorces. These two approaches have significant differences, each with its own implications and considerations.

• Uncontested Divorce: An uncontested divorce is typically the smoother and less adversarial option. In this scenario, both spouses agree on all major issues, such as property division, alimony, child custody, and child support. They've reached a settlement and simply need the court's approval. Uncontested divorces are generally faster, more cost-effective, and less emotionally taxing for both parties involved.
• Contested Divorce: A contested divorce occurs when spouses cannot agree on one or more crucial issues. These disputes may require litigation to resolve, with each party presenting their case in court. Contested divorces tend to be more time-consuming, expensive, and emotionally draining, as they often involve a protracted legal battle.

In Florida, there's a mandatory mediation requirement for contested divorces to encourage resolution outside the courtroom. However, if mediation fails, the case will proceed to trial.

Ultimately, the choice between contested and uncontested divorce in Florida hinges on the level of agreement between spouses. Uncontested divorces offer a smoother and more amicable route, while contested divorces are necessary when disputes cannot be resolved through negotiation or mediation. Consulting with an experienced Brandon divorce lawyer is essential to understanding your rights and options and making an informed decision based on your unique circumstances.

Contact our Brandon divorce lawyer online today to schedule a consultation and begin discussing your case. 

How Can A Divorce Attorney In Brandon, FL Help Me?

Our Brandon divorce attorney will be next to you to address any questions that you may have and to help ensure that you have all of the legal advice and support that you need during this challenging time.

A divorce lawyer can help you by:

• Filing your paperwork and making sure that it is completed correctly
• Helping you avoid mistakes that could potentially cost you time or money
• Helping to ensure a smooth divorce process for both parties
• Being there to support you emotionally
• Providing you with important legal information to protect your rights
• Representing you if your divorce case gets taken to court

At Barnett Gill, our Brandon family law firm understands how demanding divorce can be. Our mission is to deliver comprehensive legal representation for all clients in the Brandon/Tampa, FL. As a result, you can confidently approach the case when you work with our law group. 

As your Brandon divorce attorney, our team provides years of family law experience and individualized representation for every case we take.