Family Law

Family Law Attorneys in Orlando

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The decision to divorce is not an easy one and usually comes after much tribulation. Navigating the treacherous waters of family and domestic law can make things even harder. Divorce in Florida accounts for a large portion of all the cases filed in District Courts. These issues are often complicated and burdensome for all parties involved. They can be especially taxing on children.

Divorce & Family Law Issues

Divorce in Florida encompasses a variety of complex issues, some more delicate than others. Unfortunately, there is much more to divorce than simply ending a marriage. Each state has its own unique laws pertaining to these issues. Some of the matters involved in family and domestic law regarding divorce include:

Spousal support/Alimony
Child custody and visitation (Referred to now by Florida as Time Sharing)
Child support
Property and asset (Equitable) distribution
Division of marital debt
Prenuptial agreements

There are specific requirements that must be met in Florida before a judge can grant a divorce. The basic requirements are specifically that:

At least one of the parties has lived in Florida for six months prior to the divorce
The marriage is irretrievably broken

Grounds for Divorce in Florida

Florida is a 'no fault' state, meaning that specific grounds for divorce are not required. As long as the above particular requirements are met, a troubled marriage can be ended. Each case is different and treated on an individual basis. Most cases have extenuating circumstances that must be evaluated in order to reach an acceptable decision that follows the letter of the law. Divorce is traumatic and a good attorney can skillfully navigate these issues within the judicial system.

Residency Requirements for Divorce in Florida

The most common mistake people make is assuming that they must file for divorce in the same state or county where they were married. This simply is not true. It is best to file for divorce in the residence county and state. In Florida, at least one of the parties to the divorce must have been a resident of the state for at least six months prior to filing.

Typical Divorce Procedure in Florida

Generally, one spouse will file a petition for dissolution of marriage (divorce) and have the other spouse served with papers. If the divorce is uncontested and there are no minor children involved, things can move through the system quickly. However, that is not always the case. Once the petition is served on the other party, the other party has 20 days to answer. If a response to the petition has not been filed within that 20 day period, the petitioner can file a motion for default. If the other party is held in default and makes no effort to get themselves out of default status, then the dissolution will proceed without them. For the most part, especially with children involved, the court is encouraged to stay away from resolving dissolutions with one party in default status. These types of procedures tend to be more time consuming and it is important to have an experienced attorney who knows how to navigate the legal system. Sometimes a response is filed and it is necessary to have aggressive representation who can skillfully build a case. Divorce can be a difficult and lengthy process, depending on the complexity of the issues involved. Every case is different and must be treated individually, with respect to the parties involved.

Asset Division (Equitable Distribution) in Florida

Florida is considered an equitable distribution state, meaning that the assets acquired during the marriage belong to the spouse who earned them, and that all assets and liabilities are to be divided between the spouses in a fair and equitable manner during a divorce. A variety of factors are considered in equitable division, such as the earning contributions of each spouse, the value of a spouse staying home to raise children and each spouses earning potential.

Marital vs. Non-Marital Assets

In order for courts to make a proper determination with regard to equitable distribution, the court initially needs to determine what is marital and what is non-marital. Simply put, assets brought into the marriage by a specific spouse are non-marital, and assets acquired during the marriage are marital. It is rarely that simple as many non-marital and marital assets are combined, or “commingled” which makes it extremely difficult to determine the proper equitable distribution. Fortunately, experienced attorneys at Ali & Blankner are able to assist in this determination.

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Experienced Divorce Litigation in Florida

When people enter into the covenant of marriage, they usually intend to live happily ever after. Sometimes a fairytale ending just isn't an option. Marriage is difficult and sometimes it just doesn't work out. Divorce and family litigation is a sensitive matter and it can be confusing. It is important that an experienced attorney understands the litigation process surrounding these delicate matters. However, understanding the law is not enough. The right attorney knows how to apply the laws to each specific situation in order to build a brilliant case. When divorce is the only answer, call an attorney who knows how to navigate the legal system through the treacherous waters of divorce.

It is imperative that an attorney has extensive knowledge of the specific requirements for divorce in the state of Florida. Since it is a "no-fault" state, there are some unique attributes involved in each case.

Contact our team today to learn how we can protect you and your family.

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