Different Types Of Divorce
There are several different types of divorce that lawyers need to choose from: Here are a few
In Florida and around the Unites States, there are different types of divorce that couples seeking a split can choose from. Each type is dependent on the facts of the particular case between the parties. For example, if Husband and Wife are in agreement on all issues and do not disagree on a single thing then they may be able to move forward on an uncontested basis. Most of the time this is the fastest and least expensive way to go since it can skip past most of the litigation that can be involved with a divorce. Your divorce attorney can tell you if your case is one that will be uncontested or contested.
If, however, the parties have even a single issue that they do not disagree on then they will have to follow the route of the contested divorce. Normally this will require the parties to exchange certain financial records and to attend a mediation to try to reach an agreement on the unresolved issues. Of all the possible issues of disagreement we see in divorce cases, one of the ones we see most often is when there are children involved.
When a divorce involves children there is a whole array of issues that must be tackled that are not contained in a divorce that does not include children. First, the parties must try to formulate a parenting plan that sets forth things such as parental responsibility, access to records pertaining to the child, and transportation details for child exchanges to name only a few. Any of these small parts of the overall parenting plan can become a new area of disagreement requiring further litigation. The most hotly contested parts of the parenting plan are normally time-sharing and child support.
Time-sharing refers to the amount of time each parent will have with the child involved in the case. In years past, the vast majority of parenting time would go to the Mother, however, as time goes by Father’s are getting more and more time-sharing with their children. In many jurisdictions Fathers who have been very active in the children’s lives are awarded half of the parenting time. You should speak to your child custody attorney to determine if your jurisdiction is issuing these types of rulings on a regular basis.
In most cases each state will have its own list of factors to determine the best interests of the child contained in its state statue on divorce and custody. This list of factors should be the main focus when putting together a case plan.
Child support, in most states, is a math figure that takes into account the incomes of both parents and the amount of parenting time that each parent has. This fact tends to add fuel to the fire when it comes to the fight over time-sharing. Child support in most states is always modifiable if and when there has been a substantial change in circumstances of either party.
Sean Smallwood is an uncontested divorce attorney in Orlando, FL, motivational speaker, and blogger on family law issues.