Here to Help You Get the Best Outcome from your Divorce
Divorce is a difficult time for everyone involved, and it is important to have an experienced attorney on your side to help you protect your rights and interests. Our Winter Park divorce attorney from Perez-Calhoun Law Firm, P. A can help you with any issues involved in divorce.
Quick Summary:
Here’s a quick rundown of everything you need to know from this page:
- A divorce or dissolution of marriage is a decree by a court that a valid marriage no longer exists.
- Key issues in divorce include alimony, asset and debt distribution, child custody, child support, and timesharing/parenting time.
- Either or both parties must have lived in Florida for a minimum if six months before divorce can be filed.
- Florida is a no-fault state, which means you don’t have to prove wrongdoing.
- The different types of divorce in Florida include Simplified Dissolution of Marriage, Uncontested Divorce, and Contested Divorce.
- The divorce process in Florida involves creating and serving divorce forms, filing them with the court, and potentially attending a court hearing.
If you are considering divorce, we encourage you to contact us today for a consultation. We will review your case and discuss your options with you. We are here to help you through this difficult time.
What is Divorce?
Marriage is supposed to be a happy lifelong partnership. Florida is known for its sunshine and fun, so marriages here must be great, right? But the truth is, most marriages don’t last forever. For many couples, communication breaks down and bitterness creeps in.
A divorce or dissolution of marriage is a decree by a court that a valid marriage no longer exists. It allows both people to remarry. The court may divide property and order alimony (spousal support), and, if there are children, give custody and child support.
What Are the Key Issues In a Divorce?
When ending a marriage, there are certain key issues that you need to consider when discussing things with your soon-to-be ex. If you cannot reach an agreement, then it’s up to a judge to decide on these elements. These include:
- Alimony: Financial support paid from one spouse to the other after divorce.
- Asset & Debt Distribution: The dividing of marital assets and debts between the spouses in a divorce.
- Child Custody: The legal right and responsibility to make decisions about a child’s upbringing, such as where they will live and go to school.
- Child Support: Financial payments made by one parent to the other parent to help support their child.
- Timesharing/Parenting Time: A schedule that outlines how much time each parent will spend with their child after a divorce.
What Should I Need to Know Before Filing For Divorce in Florida?
You probably have too many things in mind that you’re finding it hard to figure out what should be done before the divorce. With our years of experience, we’ve listed below the most common concerns/questions that you may be having too.
What Are the Residency Requirements for Divorce?
You or your spouse must have lived in Florida for at least 6 months before you can file for divorce.
Is Florida a No-Fault State?
Florida allows you to get a divorce without proving that your spouse did something wrong. This is called a no-fault divorce. You only need to say that you have irreconcilable differences. For example, you don’t have to show proof of cheating or domestic violence to get a divorce.
If you and your spouse agree on all the terms of your divorce, you can file for an uncontested divorce. This is a faster and easier way to get a divorce, but you must agree on everything first.
Will I Face a Jury in Divorce?
All divorce cases in Florida are tried by a judge, not a jury. This means that even if the case is not settled, the judge will make all the decisions.
How is Spousal Support Determined in Florida?
Even after a divorce, each spouse has a responsibility to support the other financially, if needed. This financial support is called alimony.
Florida law only allows alimony if there is a good reason for it. Florida courts will only award alimony if one spouse needs financial help and the other spouse can afford to pay it.
Florida courts consider:
- How long the marriage was,
- What the standard of living was during the marriage, and
- The age and health of each spouse.
How Will Property Be Divided?
In Florida, the law believes in equitable distribution of marital property. The court believes that both spouses have equal rights to the assets and debts acquired during the marriage.
The judge will consider all relevant factors when deciding how to divide marital property, such as each spouse’s contributions, financial situation, and the length of the marriage.
How is Child Custody Usually Decided?
The court will create a parenting plan that says how the child will spend time with each parent (timesharing) and who will make important decisions about the child’s life (custody).
The judge will decide custody based on what is best for the child. The judge will usually require both parents to share responsibility for the child (joint custody), unless the judge decides that this would be harmful to the child.
What Will Happen to Retirement Plans?
If one or both spouses invested money in a 401(k), IRA, or other retirement plan during the marriage, those investments are considered marital assets in Florida. The judge will usually divide these accounts equally between the spouses. Investments made before the marriage are considered separate property, unless they have been mixed together.
Will Divorce Affect Taxes?
Divorce can affect your taxes in Florida. Alimony payments, child care deductions, and property transfers during the divorce may all have an impact on your tax return.
What are the Different Types of Divorce?
There are three types of divorce in Florida. These are:
Simplified Dissolution of Marriage
This type of divorce is rarely granted. If you have no children from the marriage, and you are not pregnant, you may be eligible for a simplified dissolution of marriage. You and your spouse must agree on all aspects of the divorce, and will need to fill out a financial affidavit and property settlement agreement. You will then go to the final divorce hearing and receive a judgment of divorce. This is a simple, straightforward process, and can help you avoid the stress and hassle of litigation.
Uncontested Divorce
This type of divorce is only possible if you and your spouse can agree on everything about the divorce. It’s like a dissolution of marriage, but you have to work together to create a final divorce agreement. A judge doesn’t need to be involved in this process.
Contested Divorce
This is the most common type of divorce. If you and your spouse can’t agree on anything about the divorce, you have to file for a contested divorce and go to court. You will need to present evidence to support your case, and a judge will decide everything about the divorce, including property division, child custody, and alimony.
How Do I File a Divorce in Florida?
Getting a divorce is never easy, but getting started is simpler than you might think. Florida law provides two different ways to get a divorce: regular and simplified. The forms for each have instructions on how to proceed. The first step is to figure out which process is right for you.
1. Check Florida's divorce requirements.
Before you can file for divorce in Florida, you must meet certain requirements. You must have lived in Florida for at least six months and have grounds for divorce. Florida is a no-fault divorce state, which means that you do not need to prove that your spouse did something wrong to get a divorce.
2. Speak with a Florida divorce attorney.
Lawyers can help you navigate the divorce process and protect your rights. You can find lawyers through ads, recommendations, or bar associations. The Florida Bar Association has a website with a lawyer directory and a lawyer referral service.
Our Florida divorce attorney at Perez-Calhoun Law Firm can help you get the best possible outcome in your divorce! Our extensive experience and legal know-how are indispensable when it comes to filing for divorce. Call our Winter Park divorce law firm today to schedule a consultation
3. Create your divorce forms.
Florida has good online resources for people who want to file for divorce without a lawyer. The state courts’ self-help center has downloadable PDF and Word files for all Florida dissolution of marriage forms. The state court system also has a getting started page and a DIY guide for people without professional legal help.
If you are working with a lawyer, they will prepare the divorce forms for you.
4. Serve your divorce papers.
Once you have the divorce forms completed, you must have them served on your spouse. This means that a neutral third party, such as a sheriff’s deputy or a private process server, must give the forms to your spouse in person.
If your spouse cannot be served in person, you may be able to serve them by registered mail.
5. File your divorce forms.
After your spouse has been served with divorce papers, you must file them with the court. You can usually file the forms online or in person at the clerk of the court’s office.
6. Attend a court hearing (if necessary).
Most divorces in Florida require both parties to attend a final hearing. However, if you and your spouse agree on all of the terms of your divorce, you may not have to attend a hearing.
Why Do I Need a Winter Park Divorce Lawyer?
If you are considering divorce in Winter Park, Florida, it is important to consult with a qualified divorce lawyer. Divorce is a complex legal process with many potential financial and emotional implications. A divorce lawyer can help you navigate the process, protect your rights, and ensure that you achieve the best possible outcome for yourself and your family.
Here are some reasons why our Winter Park family law attorney is the best for your case:
- Experience: A good divorce lawyer has extensive experience in handling divorce cases. This experience allows them to anticipate the challenges that may arise during your case and develop effective strategies to address them.
- Knowledge of the law: A good divorce lawyer has a deep understanding of Florida divorce law. This knowledge allows them to ensure that your rights are protected and that you receive the best outcome possible.
- Negotiation skills: A good divorce lawyer is a skilled negotiator. This is important because most divorces are settled through negotiation. A skilled negotiator will be able to advocate for your interests and help you reach a fair and favorable agreement.
- Compassion: Divorce is a difficult and emotional experience. A good divorce lawyer will be compassionate and understanding. They will listen to your concerns and provide you with the support you need during this challenging time.
If you are considering divorce, contact us today to schedule a consultation. We will review your case and develop a personalized strategy to help you achieve your goals.
Call our Winter Park Divorce Attorney Now!
Divorce is a complex and challenging legal process that can have a significant impact on your life, your finances, and your family. If you are considering divorce, it is important to understand the issues that you may face.:
Our Winter Park divorce lawyers have extensive experience in handling all aspects of divorce cases. We have a deep understanding of Florida divorce law and the negotiation process. We are also compassionate and understanding, and we will work hard to protect your rights and get you the best outcome possible.
If you are considering divorce in Winter Park, Florida, please contact us today to schedule a consultation. We will review your case and discuss your options with you. We are here to help you every step of the way.