After considering the differences between a contested and uncontested divorce you and your spouse have decided to go the route of the uncontested divorce. This means that all the issues of the divorce have been agreed upon. This includes agreement between the parties regarding the division of marital property, and the issue of spousal support. If there are minor children of the marriage, then issues surrounding the children including time sharing, parental responsibility, and child support have all been worked out.

If you and your spouse have agreed on all of these issues then you are to be congratulated. Reaching an agreement is the hardest part of a divorce proceeding. A lot of time, money, and emotional energy can be spent figuring these issues out. The decision to resolve your divorce early, amicably, and fairly is often the best choice for the parties. It doesn’t generate a mountain of legal fees like a contested divorce. With the negotiations out of the way, all that is left is to prepare the paperwork and get everything finalized. Continue reading →

Dan Policastro

Dan Policastro is an attorney licensed to practice law in the State of Florida. Dan represents individuals and businesses in Divorce and Family law, Commercial and Business Litigation, Real Estate Litigation, Corporate law, and Intellectual Property Law matters from his office in Venice, Florida. Learn more about Dan by reading his about page.

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When it comes to the overall cost of a divorce in Florida, the most important consideration is whether to file a contested or uncontested divorce. The difference between the two is simple, but the consequences can be dramatic. The goal of this article is to explain the differences between contested and uncontested divorce proceedings.

I am a family law attorney based in Venice, Florida and I help people with both contested and uncontested divorces here in Sarasota County as well as in Charlotte County and Manatee County.

Initial Considerations

Keep in mind that Florida is a no-fault state, so parties can obtain a divorce in Florida without proving any reason other than “irreconcilable differences” provided they meet the residency requirements. There is no need to prove adultery, abandonment, or some other cause for the divorce.

Issues like infidelity can come into the picture when resolving issues like the division of marital property, alimony, and child custody, but they are not necessary to file for divorce and have no immediate bearing on whether the divorce is contested or uncontested.

Uncontested Divorces

An uncontested divorce is when Continue reading →

Dan Policastro

Dan Policastro is an attorney licensed to practice law in the State of Florida. Dan represents individuals and businesses in Divorce and Family law, Commercial and Business Litigation, Real Estate Litigation, Corporate law, and Intellectual Property Law matters from his office in Venice, Florida. Learn more about Dan by reading his about page.

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I am a divorce lawyer located in Venice, Florida. A growing part of my practice is collaborative divorce. Collaborative divorce is a special solution oriented process for getting a divorce. It is designed to be more amicable than a traditional court-driven divorce.

Collaborative divorce is a relatively new option, but it has been picking up steam. In 2017, the Florida Legislature created a brand new section of law dedicated to the collaborative divorce process. The law is contained in Chapter 61, Part III, of the Florida Statutes. This new section of the statutes formalizes the rules of collaborative divorces in Florida.

All this is to say that clients, divorce lawyers, and now legislators in Florida are realizing that collaborative divorce is different option over the traditional court driven divorce. For some divorcing couples, collaborative divorce can be a better option than a traditional divorce. Continue reading →

Dan Policastro

Dan Policastro is an attorney licensed to practice law in the State of Florida. Dan represents individuals and businesses in Divorce and Family law, Commercial and Business Litigation, Real Estate Litigation, Corporate law, and Intellectual Property Law matters from his office in Venice, Florida. Learn more about Dan by reading his about page.

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As a family law attorney, I help individuals get through one of the most difficult times of their lives: divorce.

We all know that divorce can be a painful event, but unless you regularly work with family law matters like I do you may not know much about the actual divorce process. Many think filing for divorce is merely a matter of filling out some documents and filing them with the state. In reality there is much more to the process.

In the following article I will take you through the entire process from start to finish, and give you a bird’s eye perspective of what to expect if you are considering filing for divorce in Florida (or have been served as a party to a divorce in Florida).

Initial Filings

To start the divorce process on party, referred to as the “Petitioner”, needs to Continue reading →

Dan Policastro

Dan Policastro is an attorney licensed to practice law in the State of Florida. Dan represents individuals and businesses in Divorce and Family law, Commercial and Business Litigation, Real Estate Litigation, Corporate law, and Intellectual Property Law matters from his office in Venice, Florida. Learn more about Dan by reading his about page.

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Individual states typically follow one of two types of divorces. Fault-based divorces, based on one party’s failure to fulfill the terms of the marital contract, and no-fault divorces based on one or both party’s desire to leave the marriage.

In 1971 Florida abolished fault-based divorce in favor of a no-fault system where parties can seek a divorce without proving any reason other than not wanting to be married any more.

Grounds for Divorce in Florida

Under Florida’s no-fault divorce system, there are two grounds for divorce: Continue reading →

Dan Policastro

Dan Policastro is an attorney licensed to practice law in the State of Florida. Dan represents individuals and businesses in Divorce and Family law, Commercial and Business Litigation, Real Estate Litigation, Corporate law, and Intellectual Property Law matters from his office in Venice, Florida. Learn more about Dan by reading his about page.

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In this brief article I will take you through the basic requirements for a divorce in Florida. I am a family law attorney located in Venice, Florida and I help people with divorce and other family law issues in Sarasota County and the surrounding area.

Fault is Not an Issue

First of all, Florida is a no-fault state. This means that you don’t need a “reason” to get divorced (e.g., infidelity or the dissipation of marital assets). All that is required is for one spouse to want to leave the marriage.

Any spousal misconduct may still have an impact on a divorce and are factors considered in determining things like Continue reading →

Dan Policastro

Dan Policastro is an attorney licensed to practice law in the State of Florida. Dan represents individuals and businesses in Divorce and Family law, Commercial and Business Litigation, Real Estate Litigation, Corporate law, and Intellectual Property Law matters from his office in Venice, Florida. Learn more about Dan by reading his about page.

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