Our West Palm Beach divorce and family law firm routinely initiates a process to encourage the possibility that a divorce case can be amicably settled. Settlement of the key areas of child custody, child support, time sharing, alimony and equitable distribution can be accomplished informally or through the process of mediation. Our clients are fully advised of their rights and are fully prepared to discuss a potential settlement with their spouses.The Uncontested Divorce Process
You and your spouse may want to work out the terms of an uncontested divorce. Our experienced divorce and family law firm will counsel you and guide you through the drafting of a marital settlement agreement. This can be done before or after the divorce case is initiated by the filing of a petition for dissolution of marriage. If the parties are not able to work out an agreement, mediation is scheduled to try to work out an agreement through the mediation process. The law offices of West Palm Beach divorce attorney, Jessica Mishali with over four decades of experience is very creative in drafting marital settlement agreements that are beneficial to their clients.Financial Disclosure
Prior to mediation, each party must provide to the other party mandatory financial disclosure. Mandatory financial disclosure includes a list of financial documents i.e. tax returns and bank records. The parties must also complete a family law financial affidavit, which has sections on income, expenses, assets and liabilities. Although mandatory financial disclosure is required by the court, as a practical matter, the information provided is extremely helpful in the settlement process through mediation.Path to Final Judgment
Once an agreement is accomplished, either informally or through the mediation process a marital settlement agreement is prepared for the signature of the parties. Once a marital settlement agreement is signed by the spouses, a hearing can be scheduled usually in two to four weeks. The marital settlement agreement is submitted to the court at an uncontested hearing which usually takes no more than about five minutes. The marital settlement agreement is adopted as part of the Final Judgment of Dissolution of Marriage. Learn more about the uncontested divorce process. Call our firm at (561) 833-2772.
The priority in an uncontested divorce is to prepare the client (spouse) for an amicable resolution and a reasonable result. The goal is to have the spouses fashion their own agreement instead of having the court impose the outcome through a contested case, trial and court decision. An uncontested divorce can accomplish the following benefits:
- Help discourage vindictive conduct.
- Strive to lower the emotional level of a family dispute
- Resolve disputes by agreement
- Strive to avoid destructive effect of divorce conflict on children
- The cost of divorce can be lessened because there are less court processes involved such as depositions and hearings.
- A divorce can be concluded amicably in a much shorter time, often in two to four months.
Although litigation and trial of a divorce case are to be avoided and are usually the last resort, the law offices of West Palm Beach divorce attorney, Jessica Mishali is highly experienced litigators and are prepared to take your case through trial if a settlement cannot be reached. The knowledge of the opposing party that your attorney is a highly experienced litigator often facilitates an amicable resolution to the case.
For more information about uncontested divorces, marital settlement agreements and the settlement process, please call an experienced West Palm Beach divorce attorney at (561) 833-2772 or contact us online for a consultation.