For many people, the divorce process is emotionally overwhelming. It’s the end of a relationship you thought you would be in for the rest of your life. Whether you’ve been married for decades or just a few years, you’re going to have built a life together that needs to be divided. This emotionally charged and vulnerable time necessitates a compassionate divorce attorney.
You need a divorce attorney to protect you when you may not be able to protect yourself. A compassionate attorney will keep your best interests in mind and guide you through the legal complications that come with co-owning something.
If you are also parents, even once your properties and assets are divided, you still have to navigate the challenges of negotiating child custody, determining appropriate amounts of child support, alimony/spousal support, and more. The attorneys at C. Alvarez Law are as compassionate as we are committed to finding a resolution to each of these issues. We are what you need.
Types of Divorce
Divorce can take several forms, each reflecting the unique circumstances and preferences of the parties involved. The most common types of divorces in Florida include:
1. Simplified Dissolution of Marriage
If you have no children from the marriage and aren’t expecting any, you might be eligible for a simplified dissolution of marriage. For this, you and your spouse must agree on all aspects and file a financial affidavit and property settlement agreement. Lastly, you’ll need to go to a final hearing and receive your judgment. This process is simple, straightforward, and can help you avoid the hassles of litigation.
2. Uncontested Divorce
An uncontested divorce is like a simplified dissolution of marriage, but only when the couple has or is expecting children. You and your spouse agree on the terms of the divorce, such as division of property, custody, and alimony.
3. Contested Divorce
In cases where coming to an agreement is a challenge, you have a contested divorce. Here, spouses don’t agree on all of the terms, leading to negotiations and possibly court involvement to settle disputes. You can use mediation to facilitate arguments and reduce the need for lengthy court battles.
Which Type of Divorce is For You?
The type of divorce you choose will depend on:
- The level of agreement between you and your spouse
- The complexity of your shared assets
- Your desire to minimize emotional stress and financial costs
Seeking legal help can help you determine the best course of action for your specific situation. Our Orlando divorce lawyers will point you in the right direction.
How to File for Divorce in Florida
The exact divorce proceedings will vary based on the type of divorce you choose. However, here’s a basic guide on how to file for divorce in Florida.
- Meet Residency Requirements: Either you or your spouse must have lived in the state of Florida for at least six months prior to you filing for divorce.
- Determine Grounds: Florida is a no-fault state, meaning you don’t need to prove wrongdoing. Simply stating that the marriage is irretrievably broken is sufficient.
- Gather Information: Collect essential information, such as personal details, marriage dates, children’s information, assets, and debts. You’ll need this for paperwork and court filings.
- Choose the Right Forms: Visit the official Florida State Court website to find the appropriate forms for your divorce.
- File Petition: Complete the forms and file them with the Clerk of Court in the county where you or your spouse reside. You must also pay a fee unless you qualify for a waiver.
- Serve Your Spouse: Once you file, you need to officially notify your spouse of the divorce. This is usually done through a process server, sheriff, or certified mail.
- Financial Disclosure: Both you and your spouse must complete financial affidavits and disclose your assets, liabilities, income, and expenses.
Divorce proceedings are as complex as they get. You need sound legal advice to ensure your rights are protected and the process goes as smoothly as possible. Our Orlando divorce lawyers can help sort things on your behalf.
Why Do I Need a Divorce Attorney in Orlando?
You might believe you can handle a divorce without legal counsel, especially if you and your spouse are on civil terms. Hiring an Orlando divorce lawyer provides peace of mind and adds an extra layer of protection for your assets. Here’s why you should consider hiring a divorce attorney in Orlando.
Legal Knowledge and Experience
Our skilled Orlando divorce attorney is well-versed in Florida’s family law statutes and can help ensure you meet all legal requirements.
Protecting Rights
An attorney acts as your advocate, safeguarding your rights and interests. We fight for fair division of assets, appropriate child custody arrangements, and proper alimony/child support considerations.
Objective Advice
Emotions can run high during divorce proceedings. Our divorce attorney will offer an objective perspective to help you make informed decisions that serve your long-term well-being.
Issues You May Face During the Divorce Process
Divorce is not a simple process, and it’s rarely short. The more issues you have to resolve, the longer it will last, and there are a lot of potential issues to consider in divorce. These include:
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Alimony/Spousal Support: One partner will make regular payments to another partner. This is based on need, the ability to pay, and the standard-of-living during the marriage. Currently, spouses cannot agree to permanent spousal support in Florida thanks to a 2023 law signed by Gov. DeSantis. They can agree to not set an end date, but there are certain events when one could seek to end the payments they’re paying. Regardless, several factors are assessed when determining if someone should receive or pay alimony in the first place.
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Child Custody: The state will agree to whatever plan will best support the child. Also, thanks to the same 2023 law signed by Gov. DeSantis, the court will assume that it’s best for the parents to have 50/50 legal and physical custody. If the parents disagree, they have to prove why, whether they agree or not.
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Child Visitation/Time-sharing: When the parents agree or are told by the courts that one parent will be the predominant physical custodian, the other parent has visitation rights. This means they have set times when they can see their children.
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Child Support: This is based on the combined net income and obligation of both spouses as determined by the State of Florida.
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Division of Assets and Debts: Florida uses equitable distribution to determine how to best split assets fairly rather than equally. The same is used to divide debts so one spouse is not stuck with debt the other had before their marriage.
What is Equitable Distribution?
Equitable distribution is used during divorce proceedings to divide marital property fairly between the spouses. As stated, it’s important to understand that “equitable” does not necessarily mean “equal.” Division is done in a way that is just and fair based on a variety of factors. Courts consider several factors when determining equitable distribution, including:
- The duration of the marriage
- The age and health of both spouses
- The income or property each spouse brought into the marriage
- The standard of living established during the marriage
- The earning capacities of each spouse, including their ability to make money in the near future and far future post-divorce
- The contribution of each spouse to the acquisition, preservation, depreciation, or appreciation of the amount or value of the marital property, including the contribution of a spouse as homemaker
- The tax consequences of the proposed distribution to each spouse
It’s crucial to note that equitable distribution laws only apply to marital property, which is generally defined as property acquired during the marriage. Property that each spouse brought into the marriage, or that they purchased jointly with a third party (such as a business) is typically not subject to division.
Need Assistance with Your Divorce? Contact C. Alvarez Law Today.
When going through something as difficult as a divorce, it’s important to ensure that your rights and best interests are protected. The family law attorneys at C. Alvarez Law have the experience you deserve. Contact us today to learn how we can help.
