Comprehensive Overview of Orlando Divorce Laws and Procedures
Getting divorced is a complex and emotional process, made even more challenging by Florida's complicated family law system. With outcomes affecting everything from child custody and support to property division and alimony, having a seasoned Orlando divorce attorney representing your interests ensures the process doesn't leave you or your family at a disadvantage.
The Resolute Divorce Law team is dedicated to providing exceptional legal representation in multiple areas of family law, including divorce. We understand the uncertainty of ending a marriage and are committed to helping clients navigate the process as smoothly and efficiently as possible.
Contact our family law firm online or by dialing 1-800-LAW-2342 for a personalized strategy session with one of our Orlando, FL, divorce lawyers.
Why Choose Our Orlando Divorce Attorneys?
Strategic Precision. Professional Excellence.
Compassion and understanding are the foundation of any successful divorce case. Our law firm is skilled in handling even the most complex and contentious divorces with empathy and professionalism.
We strive to give clients peace of mind by diligently advocating for their best interests and finding practical solutions that meet their unique needs. Whether you need a tenacious negotiator or a skilled complex divorce litigation lawyer, the team at Resolute Divorce Law Firm has a proven track record of fighting for our clients.
Our initial strategy sessions allow divorce lawyers to listen to your current situation, providing feedback on your rights and potential outcomes. This helps us develop a tailored strategy that aligns with your objectives.
Feeling overwhelmed by Florida divorce law is normal, but it doesn't have to be. With our Orlando, FL divorce attorneys working to protect your rights and interests, you can focus on caring for yourself and your family during this challenging time.
Understanding Orlando Divorce Laws
Florida divorce and family law protects the rights of both parties and aims to ensure fair and equitable outcomes. But, just because the rules are in place for divorce cases does not mean they are easily navigable. By understanding potential issues and having a Resolute Divorce Law attorney by your side, you can work to lessen the mess, confusion, and frustration of filing an uncontested or contested divorce.
Residency Requirements for Divorce in Orlando
Under Florida Statute 61.021, meeting residency requirements is vital to filing for divorce in the state.
To proceed with a dissolution of marriage in Florida, at least one of the parties involved in the marriage must be a state resident for at least six months before filing the petition. This residency must be continuous and established, ensuring the Florida courts have jurisdiction over the divorce case.
This requirement underscores the state's commitment to handling divorce cases only with a substantial connection to Florida. In practice, if neither party meets this residency criterion, they must establish residency for the requisite period before proceeding with the divorce filing.
Documentation such as a Florida driver's license, voter registration card, or proof of Florida address can be used to establish residency.
What Are the Legal Grounds for Divorce in Florida?
The legal grounds for divorce are outlined in Florida Statute §61.052. The state follows a "no-fault" divorce principle, meaning that to obtain a divorce, one does not need to prove fault, such as adultery or abuse, by the other spouse.
Instead, the statute specifies two primary grounds for divorce:
- Irretrievable Breakdown of the Marriage: This is the most commonly cited ground, where at least one party believes the marriage is irreparably broken and there is no chance for reconciliation.
- Mental Incapacity of One of the Spouses: Less commonly, a divorce can be granted if one of the spouses has been adjudged mentally incapacitated for at least three years before filing for divorce.
Florida's no-fault approach aims to reduce the potential conflict and emotional stress often associated with proving fault in a divorce. It also allows for a more straightforward and amicable resolution to the dissolution of marriage.
However, the divorce circumstances, such as the reasons for the marriage's breakdown, may still be relevant in other aspects of the divorce proceedings, such as alimony or child custody decisions.
Consulting with a knowledgeable family law attorney is essential to understanding how no-fault divorce state rules apply to your situation.
Where Will My Case Be Filed in Florida?
The appropriate county for filing a divorce case in Florida is determined by specific statutes, namely, §47.011. The law is to file in the county where you and your spouse last lived together as a married couple. However, if you did not reside together in Florida, you can file in the county where you or your spouse currently resides.
To ensure that your divorce is filed in the appropriate jurisdiction and to navigate this process smoothly, it's crucial to seek the help of seasoned Orlando divorce lawyers.
Our family law firm understands the nuances of Florida's jurisdictional requirements, providing you with the necessary guidance and representation to handle your case effectively and efficiently. Trusting us with your divorce filing guarantees that all legal protocols are meticulously followed, safeguarding you from potential complications.
What Is the Difference Between Uncontested and Contested Divorce?
In an uncontested divorce, both parties agree to all the terms and conditions of the divorce, including child custody, spousal support, and asset division.
A contested divorce occurs when the spouses disagree on one or more issues, requiring the court to intervene and decide on their behalf.
The divorce classification you and your spouse choose can significantly impact the divorce process's length, cost, and emotional toll for both parties.
For example, an uncontested divorce may be faster and less expensive as both parties are in agreement. On the other hand, a contested divorce may involve lengthy court battles for child support and custody, property division, and alimony, increasing the cost and stress involved.
Our Orlando divorce lawyers can help determine the most suitable approach based on your unique circumstances and Florida law.
How Does the Florida Divorce Process Work in Orlando, FL?
With help from Resolute Divorce Law, you don't have to understand how family law or the divorce process works to reach a mutually agreeable or favorable outcome. However, knowing what to expect can help alleviate some of the stress and uncertainty surrounding contested and uncontested divorces.
Initial Strategy Session With an Orlando Family Law Attorney
A personalized strategy session with our Orlando family law attorneys sets you on the path to a successful divorce. During this session, a divorce lawyer will assess your case and discuss options tailored to your situation. We take the time to understand your objectives and concerns, ensuring we develop an approach that aligns with your needs.
You'll gain clarity on crucial matters such as spousal support, child custody, family law, and financial affidavits. Our Orlando family law attorneys will also explain your divorce's potential timeline and costs.
The goal of this session goes beyond addressing your immediate concerns regarding family law matters. It's an opportunity to establish trust and build a professional relationship with you, ensuring we can effectively represent your interests throughout the divorce process.
Preparation and Submission of Legal Documents
In addition to stress and uncertainty, divorces involve a mountain of legal paperwork. Our attorneys have extensive experience preparing and submitting these critical documents, ensuring they are accurate, complete, and filed within the appropriate timelines.
Some of the documents we can help you with include:
- Petition for Dissolution of Marriage
- Financial Affidavit
- Parenting Plan and Time-Sharing Schedule (if applicable)
- Marital Settlement Agreement
- Spousal and Child Support Calculations
Failure to complete these documents accurately or on time can jeopardize your case's outcome and result in unnecessary delays, expenses, and frustration.
Fortunately, with Resolute Divorce Law, you can rest assured that an experienced divorce attorney will prepare and submit all your documents accurately and on time.
Serving Legal Documents On Your Spouse
Serving legal documents is a critical step in any divorce case that ensures the other spouse is officially made aware of the proceedings and has an opportunity to respond. The process is a lot more complicated than mailing them a copy of the papers, with key points including:
- Service Requirement: The Petition for Dissolution of Marriage and other initial documents must be formally served on the other spouse (the respondent).
- Personal Service: This is the primary method for serving legal papers. A process server or sheriff's deputy delivers the documents directly to the respondent.
- Service by Publication: If the respondent cannot be located after diligent search, service may be made by publication, subject to court approval. This typically involves publishing a notice in a local newspaper for a specified period.
- Constructive Service: This may be used to obtain jurisdiction over the respondent for dissolution of marriage when the respondent cannot be located.
- Respondent's Response Time: After being served, the respondent generally has 20 days to file an answer or other responsive pleadings.
- Waiver of Service: If the respondent agrees with the action, they may waive formal service in a written document, which must be filed with the court.
Our Orlando divorce attorneys can assist in ensuring that legal documents are served appropriately and accurately, avoiding any potential delays or complications in the divorce process.
Mandatory Financial Disclosures
Mandatory financial disclosures under Florida Family Law Rules of Procedures Rule 12.285 ensure transparency and fairness by obligating partners to disclose:
- income
- expenses
- assets
- liabilities
- health insurance
- dependents
It is easy to make a mistake when completing these disclosures, and many find out the hard way what happens when the information is inaccurate.
Our family law attorneys can help ensure all necessary disclosures are made accurately and on time, avoiding potential penalties or complications.
Temporary Relief Hearings
In cases of significant disagreement on important issues like child custody and financial support, our divorce lawyers in Orlando may advise you to seek temporary relief from the court.
Temporary relief hearings allow parties to obtain a decision on critical issues while the divorce case is ongoing. This hearing can provide a resolution until an agreeable settlement is made and the divorce is finalized.
Our divorce attorneys in Orlando are ready to take action and represent your interests at these hearings to ensure a fair outcome. We have experience presenting evidence, cross-examining witnesses, and making compelling arguments that favor our client's interests.
Mediation
The negotiating table is a second home to our legal team at Resolute Divorce Law. We are committed to negotiating an amicable settlement for you and your spouse so that you can avoid the time and expense of a trial.
At mediation, a divorce lawyer represents your interests in formal negotiations with your spouse and their legal counsel. Here, we engage with the other side to reach agreements on critical issues such as asset division, child support, and custody arrangements.
This process is a powerful tool for resolving disputes, and with our help, you could be well on your way to a successful, hassle-free divorce.
Going to Trial With An Experienced Orlando Divorce Attorney
If and when it is in your best interest, our attorneys are prepared to litigate on your behalf in court. This is usually reserved for complex divorce cases or when a spouse is being particularly uncooperative.
As seasoned litigators possessing a wealth of knowledge in Florida family law practices, we can provide you with the dedicated and aggressive representation needed to secure a favorable outcome in your case.
Settlement Agreement
A settlement agreement is a legal document that outlines the terms and conditions agreed upon by both parties during divorce proceedings. It serves as an official record of all decisions, including division of assets, child custody arrangements, and spousal support.
Our law firm is well-versed in drafting comprehensive settlement agreements that protect your rights and best interests. We will work closely with you to ensure all essential details are included and that the deal is fair, equitable, and legally binding.
Once a judge finalizes the settlement agreement, it becomes a court order, and both parties are legally bound to follow its terms. Our attorneys will ensure that your settlement agreement is filed correctly with the court and observed by all parties involved.
Florida Divorce Laws
On your own, understanding contested and uncontested divorce laws could take years, but our attorneys have the knowledge and experience to navigate these complex legalities easily. We can help you understand key aspects of Orlando, FL, divorce laws to help guide your decisions throughout the process.
Understanding Alimony
Alimony, also known as spousal support, is designed to provide financial assistance to a spouse who may need support during or after the legal dissolution of marriage. The total amount, if awarded, is typically based on the following factors:
- The duration of the marriage
- Each spouse's financial resources and earning capacity
- Any contributions made by one party for the other's education or career advancement
- The standard of living established during the marriage
Depending on the specifics of your divorce, you could expect to receive or pay spousal support in one of the four following ways:
- Bridge-the-Gap: This type of alimony provides short-term assistance to help with immediate financial needs after divorce.
- Durational: This type of alimony may be awarded for a specific duration, not exceeding the length of the marriage.
- Rehabilitative: This type of alimony helps a recipient become self-supporting through education or training.
- Permanent: In some instances, permanent alimony may be awarded to provide ongoing financial support for a spouse who cannot become self-supporting.
There is no guarantee you'll pay or receive alimony from your divorce. But, with the help of our Orlando divorce lawyers, you can work towards a solution that provides the necessary financial support for your future.
Understanding Child Custody and Support
In Florida, there is a presumption favoring equal time-sharing between parents, reflecting the state's commitment to ensuring that children maintain a strong relationship with both parents.
However, this presumption can be challenged if it's not in the child's best interests, determined by factors such as:
- the child's preferences
- each parent's ability to provide a safe and stable home environment
- any history of abuse or neglect
- the geographic viability of a custody arrangement
- each parent's capacity to encourage and facilitate a relationship with the child
- past and present parental involvement in the child's life
- parental history of criminal activity or substance abuse
A Florida court will review all evidence and interviews before determining and finalizing a parenting plan. The three most common types of child custody arrangements in Orlando are:
- Legal Custody: This gives a parent the authority to make important decisions on behalf of their child, such as education, healthcare, and religious upbringing, regardless of which parent has physical custody or how often.
- Sole Custody: In this arrangement, one parent is responsible for all decision-making and physical custody of the child. The other parent may seek visitation rights.
- Joint Custody: Both parents share physical and legal custody of the child, and decisions are made together. This is often seen as the most desirable arrangement for encouraging a strong relationship between parents and their children.
In addition to creating a plan fro child custody, Florida law requires both parents to provide financial support for their children after divorce. Child support is determined using a specific formula based on the parent's income and expenses.
Our family law attorneys can help you understand how child support is calculated and work towards a fair and reasonable amount for both parties.
Distribution of Assets and Liabilities
Asset division is one of the most complex and contentious parts of a divorce after child custody. In Florida, all marital assets and liabilities are subject to equitable distribution, meaning they will be divided fairly but not necessarily equally between both parties.
Marital assets include everything from houses and cars to retirement accounts and business interests. Marital debts, such as mortgages, credit card debt, and loans, are also considered during the division process.
Non-marital assets and liabilities are not subject to equitable distribution. These include inheritances, assets acquired before marriage, and any debts incurred only in one spouse's name prior to the marriage beginning.
Determining which assets are which and what each partner had before or as a result of the marriage is complicated. Our division of assets and debts attorneys have extensive experience sorting through financial records, determining what qualifies as marital or non-marital property, and ensuring each party receives a fair division of assets and liabilities.
ur clients. Call us at 1-800-LAW-2342 or complete our online form to learn how our family law attorneys can help you with your case.
Our Practice Areas
Resolute Divorce Law represents Orlando, FL, residents in a variety of family law practice areas, including but not limited to:
● Complex Divorce Litigation
● Child Support and Custody
● Child Relocation
● Property Division
● Alimony
● Prenuptial Agreements
● Modifications to Alimony and Custody
● Post-Judgement Enforcement and Contempt
All family law matters require a compassionate and delicate approach, and we are dedicated to providing individualized attention and tailored solutions for each of our clients. Call us at 1-800-LAW-2342 or complete our online form to learn how our family law attorneys can help you with your case.
Frequently Asked Questions
Do I need a family law attorney to handle my divorce in Orlando, FL?
Yes, seeking legal representation for your divorce is highly recommended. An experienced family law attorney can guide you through the complex legal process, advocate for your rights and interests, and help you achieve a fair settlement.
How much do I have to pay for child support?
The amount of child support you must pay is determined by a formula based on your income and expenses and the child's needs. Our attorneys can help you understand how this formula works and work towards a fair and reasonable amount for both parties.
Do I have to wait to remarry after getting a divorce in Orlando, FL?
In Florida, there is no waiting period for remarriage after a divorce. You can remarry as soon as your divorce is finalized. It is essential to note that if you receive alimony, it may be terminated upon remarriage.
How do I enforce a child support order?
If your ex-spouse is not paying court-ordered child support, our family law attorneys can help you take legal action to enforce the order. This may include wage garnishment or seeking contempt charges against the delinquent parent.
How long does it take to get a divorce in Orlando, FL?
The length of time it takes to get a divorce in Orlando can vary depending on the complexity of your case and whether or not there are any contested issues. In general, an uncontested divorce can be finalized in about 30 days, while contested divorces may take several months or even longer if there are significant disagreements between spouses. Our law firm can help expedite the process and work towards a swift resolution.
Schedule Your Strategy Session Today With An Orlando Divorce Attorney at Resolute Divorce Law
Divorce is hard enough as it is without trying to keep up with the ever-changing laws and legal jargon. Why not make it easier on yourself by consulting a knowledgeable Orlando divorce lawyer who can guide you through the process and protect your best interests? Our attorneys are well-equipped to handle simple and complex divorces and will work tirelessly to help you achieve a fair resolution.
Schedule your strategy session with an Orlando divorce attorney at Resolute Divorce Law by calling
1-800-LAW-2342 or completing our online form below.