There are two primary reasons a married couple can list when filing a petition for divorce in our state. The first is when one party has been declared legally incompetent for a period lasting more than 3 years, and the second is when either or both parties consider the marriage to be irretrievably broken. If you are filing for divorce based on the fact that your marriage is irretrievable broken, it does not matter whether you and your spouse have chosen to avail yourselves of mediation services or marriage counseling. At the moment the decision was made to end your marriage you had it within your rights to file a Petition for Dissolution of Marriage. The Judge cannot make you go to counseling. In divorce cases wherein one party has denied or contested the fact that the marriage is irretrievable broken, or if there are children from the marriage, the Judge can and may recommend counseling. This type of counseling is not required however, and you do not need to attend unless both you, your spouse and your children want to go.
Divorce is not a simple task. You cannot simply decide to end your marriage one day and walk away. There are legal issues which need to be resolved including alimony and property division. When there are children from the marriage, the divorce process will require a whole new level of consideration and care to help achieve a positive resolution without long-lasting negative effects. Our firm has been representing clients in and around the Jacksonville area for close to nearly 30 years. We understand the intricacies of the divorce process and we are Board Certified divorce specialists ready to assist you with all of your divorce and family law needs. To find out more about your legal rights during the divorce process, we advise you contact a Jacksonville divorce lawyer at Charles E. Willmott, P.A. today.