Thursday, October 20, 2011

Jacksonville Uncontested Divorce Lawyer

I get a lot of questions concerning uncontested divorce. Here is a re-posting of some info from my website:

You should consider hiring a Jacksonville uncontested divorce lawyer if you and your spouse agree on all the issues in your divorce case.

For a divorce to be considered uncontested, you and your spouse must agree on all issues. If you do not agree on all issues, you should consider talking to a Jacksonville divorce mediator to resolve the remaining issues. The issues that require an agreement include: (1) asset and debt division, (2) child support & visitation (if you have children), and (3) alimony (if any). Of course, your agreement can include terms regarding other issues.

Some potential clients ask, “Why should I hire a lawyer if we already have an agreement?” or “What do I get for my money?” Those are fair questions. The answer is that by hiring an uncontested divorce lawyer in Jacksonville, your case will be resolved quicker and your final judgment will be prepared correctly. First, an experienced Jacksonville Divorce Lawyer can schedule your final hearing months earlier that if you try to handle the case yourself. Also,

Ordinarily, the uncontested divorce papers take 1-2 days to prepare after the initial consultation. After the paperwork is returned it will be filed with the Clerk of Court. Florida law requires that a final hearing cannot be held until at least 20 days from the date of filing. Realistically, you can expect to have a hearing within 4-6 weeks (depending on the county and the judge's schedule). If children are involved in your case, both parents will have to take a divorce class prior to the final hearing. The divorce class can usually be scheduled during the waiting period.

The value of a correctly prepared final judgment should not be overlooked. I have over 11 years of experience in preparing these orders. Most clients have never even seen such an order before. No one wants to go back to court because of a vague or incomplete final judgment.

Hiring a Jacksonville uncontested divorce lawyer is almost always handled on a flat rate basis since the attorney time needed is relatively fixed. The entire cost (including court filing fee) of an uncontested divorce is usually around $1,000.00 whereas the cost for a contested divorce has no limit and commonly starts at $5,000.00 for each person.

If you have children, it is important that you understand the Child Support Guidelines. The judges will require that you comply with the Child Support Guidelines. The guidelines require that child support be calculated by a specific formula. As a result, you and your spouse are not allowed to simply agree on a child support amount. There are a few exceptions to this rule. An uncontested divorce lawyer in Jacksonville can explain these rules.

There are a few other rules to consider. Florida law requires that one spouse reside in Florida for the 6 month period before the beginning of the case. There are a few exceptions to this rule.

If you have any other questions, please feel free to call Jacksonville Uncontested Divorce Lawyer, A. James Mullaney, at 904-858-4334 to learn more.