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Daytona Beach Divorce Lawyer 

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Ending a marriage can be quite complex and emotionally overwhelming. Additionally, being unfamiliar with the divorce process can leave you vulnerable to legal pitfalls which can lead to an unfavorable settlement. It is imperative to retain legal counsel from a skilled Daytona Beach divorce attorney, who can help you obtain the best results possible and protect your rights and best interests from start to finish.

At Buckmaster & Ellzey, our family lawyers are committed to resolving difficult matters and providing personalized and compassionate legal solutions for our clients. With more than four decades of collective legal experience, our Daytona Beach divorce attorneys can help you navigate the complexities of your case in order to obtain the most favorable settlement.

If you are going through divorce, get the compassionate legal representation you need by contacting us today! Give us a call at (888) 785-6548.

Contested vs. Uncontested Divorce in Florida

There are two main types of divorce: contested and uncontested divorce. Contested divorces happen when one or both spouses disagree on one or more terms of a divorce agreement, while uncontested divorces occur when both spouses agree on every single item on the divorce decree.

When couples disagree on one or several issues, they could resolve their differences through mediation prior to appearing for a final hearing to seek approval for their proposed settlement agreement. During mediation, couples have the opportunity to reach an agreement on their own terms and avoid the court process.

However, when couples cannot reach an agreement after going through the mediation process, they must go to trial. When a divorce goes to trial, the legal process typically costly and long—possibly taking a year or so to finalize. In the end, the judge will decide on all contested issues.

On the other hand, when couples agree on every single divorce issue, they can seek a “simplified dissolution or marriage.” In addition, to agree on all terms of the divorce agreement, you and your spouse must not have any children under the age of 18, the wife cannot be pregnant, and neither spouse is seeking alimony. A simplified divorce can take as little as three months.

Top Steps to Take When Going Through a Divorce

Divorce can be an incredibly confusing time, especially because each divorce is different. Finances, children, and the overall relationship between two people differs from case to case, which is why it can feel overwhelming trying to find solid answers regarding your divorce. Going into this process being as prepared as possible is the only way to truly combat any difficulties which may arise along the way.

If the end of your marriage is impending, or if you are currently in the midst of pursuing a divorce, you need to make sure you are prepared in any event. So many things can go wrong, even if you and your ex-spouse are remotely amicable.

The following are steps to take in the event of divorce:

  • Consult a Daytona Beach divorce attorney – This is the most important step to take to protect yourself in every aspect. Whether you are concerned about assets, property, or your children, we at Buckmaster & Elizey can help advise you on your best course of action. Going in blindly simply isn’t an option.
  • Copy documents – Keep a copy of any and all important documents, because you never know when you will need to show proof on your end. Finances are one of the biggest points of contention in a divorce, which is why you need to keep a copy of all tax returns, bank statements, investment statements, retirement account statements, life insurance policies, mortgage documents, financial statements, credit card statements, wills, Social Security statements, and more.
  • Maintain routine – If you have children, it is especially important you keep their routine as consistent as possible. This transition will be particularly difficult for them, and you and your ex-spouse still need to maintain somewhat of a comfortable balance in their lives. Their entire family structure is crumbling--make it as easy as possible.

Grounds for Divorce in Florida

In Florida, divorce, legally termed "dissolution of marriage," can be sought based on various grounds. The state is considered a "no-fault" divorce jurisdiction, meaning that spouses can seek a divorce without necessarily having to prove fault or wrongdoing by either party. The primary ground for divorce in Florida is the assertion that the marriage is irretrievably broken.

Unlike fault-based divorces, no-fault divorces allow couples to focus on the essential issues of their divorce, such as property division, alimony, child custody, and support. It may, however, be necessary for the couple to undergo three months of counseling if either spouse denies that the marriage is irretrievably broken.

While no-fault grounds for divorce are the most common, fault-based grounds such as adultery, cruelty, abandonment, or long-term incarceration can still be cited in divorce cases. However, demonstrating fault may not substantially affect the outcome of the divorce proceedings.

Do Both Parties Have to Agree to a Divorce in Florida?

No, both parties don't need to agree to a divorce in Florida. Since Florida is a no-fault divorce state, one spouse can file for divorce, mentioning irreconcilable differences, even if the other objects. The process may take longer and be more complex, but a contested divorce is still possible. For legal guidance on your specific situation, consulting our attorney in Daytona Beach, Florida.

Ultimately, understanding the grounds for divorce is crucial for navigating the legal process in Florida. Consulting with an experienced family law attorney in Daytona Beach, can provide valuable guidance on the specific aspects of divorce law in the state and help individuals make informed decisions during this challenging time.

Ready to Start Your Divorce Case Today!

Our Daytona Beach divorce attorneys can review your situation, listen to your concerns, and make sure your needs are addressed. Whether you are going through an uncontested or contested divorce, we are committed to helping you transition into the next chapter of your life.

Going through divorce in Daytona Beach, Florida? Contact us at (888) 785-6548 to schedule a consultation for more information about Florida divorce today.


Why Choose Buckmaster & Ellzey?

  • Client-Focused Representation
  • A Team of Compassionate Advocates on Your Side
  • Former State Prosecutor
  • 40+ Years of Collective Experience
  • Dedicated Attorneys