Types and Kinds of Divorce Cases a Divorce Attorney Handles

Divorce is a complex process that creates excessive stress on the mind and the body no matter where you live. However, a divorce lawyer Miami can help make it effortless and less demanding. They can deal with the variations that may arise in a particular case. It may remain based on the type of law applicable or the case scenario. In other words, a divorce attorney can handle diverse divorce proceedings. 

In this article, let us deliberate on the various divorce cases a divorce attorney can handle. 

Uncontested Divorce

An uncontested divorce entails both spouses agreeing to the terms and issues related to the divorce. Generally, the involved parties prefer solving it between themselves through a Miami family law attorney with the help of settlement and negotiations. In other words, the case does not go to court and requires a judge to make the decisions and pass the verdict. 

Typically, the spouses do not have any arguments or differences arising due to the discussed terms. Thus, an uncontested divorce is the quickest and least expensive divorce method. 

Contested Divorce

Contested divorces generally take significant time and have numerous arguments. In it, the spouses do not agree with a few crucial issues such as spousal support, property division, and child custody. 

In such circumstances, the divorce attorneys of both parties try to sit together and amicably negotiate the settlement terms. However, they may have to go to court if the case cannot get solved through negotiations. 

Most contested divorces generally end up in court and before a judge because of the intense disagreement between the spouses. 

Collaborative Divorce

As the name suggests, the spouses and their Miami family attorney come and work together collaboratively. They try to discuss the various factors associated with the divorce case and reach a mutual agreement. In other words, the involved parties try to solve the situation without the possibility of a court trial. 

However, the spouses may remain unable to come to a mutual agreement. In such instances, they can start the process all over again with the help of new attorneys. 

A collaborative divorce can happen only when the involved parties cooperate and remain willing to discuss and negotiate the terms. In other words, they must remain in good faith when deciding on the terms. Also, full disclosure becomes necessary in such types of divorce to ensure the negotiations remain fair. Thus, a collaborative divorce may involve a financial expert who stays neutral throughout the discussions. 

Default Divorce

A court can issue a default divorce when one of the spouses files for a divorce but the other party does not respond. In such instances, a judge can allow for the legal separation even if the other spouse does not participate in the court proceedings. 

The court can do so when the spouse leaves the jurisdiction with no justified cause or if they do not return from another foreign country. Moreover, a divorce may happen if the other party cannot get found. 

The role of a divorce attorney Miami in such a divorce type is to inform the client of the possible ways the case can progress depending on their actions. 

Summary Divorce

A summary divorce occurs for marriages lasting for a short time, generally less than five years. It involves couples having no children and insignificant property or joint debts to divide. 

Generally, a family law attorney Miami can handle and solve these cases effortlessly since the spouses complete most of the work. It entails downloading and filling out the required paperwork. The lawyer merely checks its legitimacy and rechecks it with their clients.