Questions & Answers
Important Things to Know
No – you do not need an attorney. Florida requires legal paperwork and a final hearing in front of a judge in order to get a divorce. Lawyers are not a mandatory part of the process. In fact, you are able to complete all of the necessary steps without the assistance of an attorney.
The legal community has done a good job of training us to believe that lawyers are necessary to protect ourselves in a divorce.
Laws have arisen from previous cases where couples couldn’t agree and asked the court to decide. Unfortunately, those families may have little to nothing in common with yours. As a result, lawyers will tell you about the legal assumptions that have been made about how to divide assets, debts, and even how to calculate spousal support. However, over 90% of couples never go to trial to divorce. Hours of work and huge legal fees will be created unnecessarily.
The InDivorce Process is based upon the principle that each marriage is unique and that you and your spouse understand exactly how you have lived and defined your marital resources and expenses up to now. Our approach does not impose assumptions or arbitrary guidelines onto your family. We recognize you and your spouse as the experts on your family’s needs and we empower you to make informed decisions and create the best agreements for your family.
In Florida, you will need a written Marital Settlement Agreement that outlines the equitable division of your marital assets and liabilities. If you have minor children, you will also need a detailed Parenting Plan Agreement that addresses parenting responsibilities, time-sharing, and child support. The InDivorce process helps you create these agreements.
The court will require some additional forms and paperwork based on your particular situation (for example, if you have minor children or not). We will discuss the details of your particular situation during your initial consultation.
InDivorce will cover the topics of parenting, the division of your assets and liabilities, spousal support, and child support. Our process addresses all of the topics needed to create your marital settlement agreement and parenting plan agreement.
As soon as you marry, Florida assumes everything created during the marriage belongs to both of you. When the marriage ends, what you have and what you owe will need to be divided. This comprehensive conversation will result in a detailed plan and written document that addresses exactly how you have agreed to divide your assets and liabilities.
As a part of the equitable distribution process, the court requires each spouse to submit a financial affidavit documenting their current income and assets, including real estate holdings, businesses, bank accounts, personal property, investments, and retirement accounts. It also requires a detailed list of your monthly expenses and outstanding debts.
No, equitable does not necessarily imply equal. The intention of equitable distribution is that both of you come to a fair agreement regarding the division of your marital assets and liabilities. You have the right to agree upon any distribution.
Couples with minor children are required by Florida to submit a comprehensive Parenting Plan as a part of their divorce paperwork. This document is a legal agreement that specifies how you and your former spouse will make important parenting decisions, deal with parenting responsibilities, share time with your children, and settle parental disagreements between the two of you once the divorce is final. The InDivorce process will help you to develop a Parenting Plan that meets the unique needs and interests of your family.
Time-sharing is the term used to describe how you and your spouse will spend and share time with your children (this used to be called custody). In addition to addressing the day-to-day schedules and overnights, it will cover how pick-up/drop-offs will take place and how you will share vacation/holiday schedules. We will share our expertise and employ creative solutions to help you find the best plans for your family.