Many people will agree that the institution of marriage is an important one, but there are also those who will agree that it needs to come to an end at some point. There are many reasons for a marriage to end, the most common being that a fight has occurred over a particular issue, and this has lead to irreparable damage in the marriage itself. The following are potential reasons for conflict:
Infidelity – Committed by either partner at any given time.
Abuse – This could be committed by either party, mental or physical.
Loss of Interest – The primary cause for a dissolution filing.
It should be noted of course that infidelity and abuse have nothing to do with dissolution as Florida is what we call a no-fault state. What does no-fault mean exactly? No-fault indicates that no action of either party actually caused the divorce to occur. In order for this type of separation to be called for and legal, the following need to be proven:
Neither party committed and transgression during the marriage.
Legal marriage does indeed exist.
Both parties agree that neither is at fault, and that the marriage has dissolved past the point of recovery.
Filing for a dissolution is very easy, thought I f you have a lawyer you will find that all the paperwork is handled for you. Because this is a dissolution rather than divorce however, you will not typically need a lawyer as there will be no conflict. In that case, you will need to file a Petition for Dissolution of Marriage at the Clerk of Courts in your county. Assuming that all aspects of the separation are on mutual ground, this should be absolutely fine.
The next thing to be concerned with is the separation agreement which should be present in any dissolution or divorces. The objective is to protect the assets of each individual so that the actions of either spouse do not have financial or other affects. This is also used to work out child custody agreements and other problems.
It should be noted that separation agreements can be handled either in court or out of court – this is all at the discretion of those who are involved. That being said, it would be wise to work this out long before you enter a courtroom. It should also be noted that if either party shows disagreement toward the other during dissolution, the couple will be advised to see a counselor before the proceedings can continue. This can cause complications, and with that being the case, you will want to make sure that everything is taken care of ahead of time.
Filing for dissolution is not difficult, but getting to the finish line with no obvious problems sometimes can be. In other words, have all your ducks in a row beforehand. That being said, good luck!