The Dissolution of Marriage Process

The ease or difficulty of a divorce lies within the parties themselves, which can also be a determining factor in the length of time to finalize a divorce. Some couples agree on property settlements, child custody, and other post-divorce arrangements before or soon after the original petition is filed. They then enter into a written agreement signed by both parties that is presented to the court. In such an uncontested case, so long as there is nothing in the agreement that is contrary to the law, a divorce can become final in a matter of weeks.

Some couples agree on some, but not all issues. In these cases, we suggest meditation, which is a procedure to assist you and your spouse in working out an agreement without a drawn-out process or going to trial. Its purpose is not to save a marriage but to help divorcing couples reach a solution to their problems and arrive at agreeable terms for handling their dissolution. The major benefit of mediation is that the parties have the ability to control the terms of their divorce.

Finally, some couples cannot agree on much of anything and a trial—with each side representing its case—is required. The judge makes the final decision on contested issues. These cases are the most costly and time consuming; as there are attorney’s fees, expert witness fees, court costs and other expenses related to preparing for trial and at the trial itself.

The divorce has several factors which need to be determined. The first factor is determining the Parental Issues: Where children are involved, a parenting plan must be placed to designate where the children will live, what the timesharing will be, which parent is responsible for daily activities, etc…. Once those parenting issues are resolved, the second factor is determining Equitable Dissolution: The process entails the division of assets and liabilities. It is designed to make the divorce as fair as possible to both husband and wife, which usually means negotiations and compromise—by both partners. The division is based on the premise of 50/50, but depending on the circumstances of each individual case, it may not always be equal. The third factor is determining Alimony/Spousal Support: This type of support is based on the need of the spouse requesting it and the ability of the other spouse to pay. There are different types of alimony and several factors that the courts look to in determining whether alimony will be awarded and if so, what type and how much. The fourth factor is back to the children in establishing Child Support. Child support, unlike alimony, is based off of a formulated calculation as prescribed by the legislature and child support cannot be waived.  The last factor is Attorney’s Fees and other issues pending.

There is nothing easy about a divorce. Divorce attorneys have learned that most couples leave their divorce “unhappy”. This is because the experience can be emotionally devastating and the financial upheaval of supporting two households instead of one causes hardship for the entire family. The parties, however, can take steps to make the process easier for themselves and their children. Whether your divorce ends with a quick and easy settlement or a full blown trial, at KALIS & KLEIMAN, P.A., our goal is to protect your legal rights while counseling you and helping you to get through this process with peace of mind.

KALIS & KLEIMAN serves clients in Central and South Florida. Together Neal Kalis and M. Scott Kleiman have more than 50 years of combined experience and have participated in thousands of transactions, settlements and trials. KALIS & KLEIMAN have earned a reputation of legal excellence and a history of successfully managing cases.  Headquartered in Davie, Florida, at 7320 Griffin Road, Suite 109. Attorney Neal Kalis and M. Scott Kleiman can be contacted at (954) 791-0506. Additional information about the law Firm of KALIS & KLEIMAN may be obtained from the firm's website at www.kaliskleiman.com.