This is the fourth post in my series on handling an uncontested or stipulated a divorce in Melbourne, Florida. My last article discussed the consequences of obtaining an uncontested divorce. I provided information on why uncontested actions are attractive to couples considering a dissolution. I also talked about the effect they may have on one’s future, as circumstances tend to change. In this article, I will follow-up on that discussion by providing details on how agreed upon issues can result in court proceedings later down the line. Contact my office today to speak with an attorney if you require assistance.
As I stated in the previous article, many of the decisions made for the purpose of obtaining an uncontested divorce can be quite permanent. However, the process for determining the permanency of these issues will involve further proceedings. Parties are unlikely to realize that things they originally agreed on cannot be altered. For those that may have filed for an uncontested action on their own, this realization usually occurs after they have retained counsel and a hearing has been issued on the subject. For those that have decided to continue the process unassisted, an even worse fate may await them.
One may be inclined to file a Motion on their own to change a portion of the marital agreement. Unfortunately, those individuals may not be aware of the requirements to complete such an action. It is in those instances that a party attempts to modify a particular term for months before he or she is told that the issue agreed upon is non-modifiable. Remember, that this realization comes after the exhaustion of a considerable amount of time and money. Conversely, many matters do remain modifiable. However, for any portion of the agreement that a party seeks to modify, they must first petition the Court in order for that modification to be binding. Court proceedings mean time off of work and away from more enjoyable activities. Again, this involves the spending of valuable resources as a consequence of an “easy fix.” In some cases, it may be beneficial to pursue other options to avoid these issues.
One point I cannot stress enough is how crucial it is to retain counsel early on in these situations. Uncontested actions are attractive simply because they do not require a great deal of time and are typically less expensive. However, the effects of a poor decision will certainly lead to greater expense in the future. An experienced family law attorney can advise you against these pitfalls. For those that would benefit from an uncontested divorce, counsel can assist you in ensuring that mistakes aren’t made that will land you in court at a later date. Contact my Melblourne office today to schedule an initial consultation.
My office services clients in the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.