If you’re navigating a divorce or facing any family law matter, having a skilled attorney is essential.
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Navigating Divorce with Confidence: Legal Guidance for a Smooth Transition
Divorce is never easy, and the process can be both legally complex and emotionally challenging. At our firm, we understand the intricacies involved and are committed to providing compassionate and effective legal support to help you through this difficult time.
Understanding Divorce in Florida
Uncontested Divorces
If both spouses agree on all aspects of the divorce, the process can be remarkably swift and affordable. This is known as an uncontested divorce. Click here to see if you qualify for this streamlined process.
Complexity of Divorce
Divorce involves more than just legal issues—it also encompasses the emotional strain of ending a relationship. When children are involved, additional considerations come into play, such as the Parenting Plan. Whether your children are older and can adapt to a week-on-week-off schedule or younger and need a different arrangement, experienced legal guidance is crucial.
Legal Separation in Florida
It's important to note that Florida does not recognize legal separation. In Florida, a separation simply means living apart indefinitely. Couples can file for divorce even if they are still cohabiting.
Support Obligations
Separation does not change your obligation to support your spouse or children. However, child time-sharing and child support obligations come into effect immediately upon separation and should be addressed promptly.
Comprehensive Divorce Services
Our skilled attorneys are here to minimize your stress and ensure your rights are protected, whether your situation is amicable or contested. We offer comprehensive support for:
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Divorce: We manage the divorce process from start to finish, safeguarding your rights and helping you move forward confidently.
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Spousal Support: We assist in establishing or contesting spousal support (alimony), whether temporary or permanent.
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Child Support: We calculate fair child support payments based on factors such as income and the specific needs of each child.
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Child Custody and Visitation: We work to secure fair custody arrangements and visitation schedules, ensuring decisions about your child's life are made in their best interest.
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Property Distribution: We help in the equitable division of marital property and assets.
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Division of Marital Debts: We determine which debts should be shared and which should be the responsibility of one spouse.
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Prenuptial and Postnuptial Agreements: We draft and review agreements to protect your interests and reduce future uncertainties.
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Mediation and Litigation
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Mediation can be a valuable tool for resolving disputes related to children, property, and finances amicably. However, when agreements cannot be reached, our firm is prepared to advocate for your best interests in court. As skilled negotiators and dedicated litigators, we are committed to achieving a fair and reasonable outcome for you.
Key Requirements for Dissolution of Marriage
1. Grounds for Dissolution
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A judgment of dissolution of marriage cannot be granted unless one of the following criteria is met:​
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Irretrievably Broken Marriage: The marriage must be shown to be irretrievably broken, meaning that reconciliation is not possible.
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Mental Incapacity: If one party is mentally incapacitated, the dissolution can proceed only if the incapacitated party has been adjudicated as such for at least three years. Notice must be served to the incapacitated person's nearest blood relative or guardian, and if no guardian is appointed, the court will appoint a guardian ad litem to protect the incapacitated party’s interests.
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2. Petition Process and Evidence
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The court will dispose of the petition for dissolution based on the evidence presented:​
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Without Minor Children: If there are no minor children and the responding party does not contest the petition, the court will grant the dissolution if it finds the marriage irretrievably broken.
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With Minor Children or Disputed Claims: If there are minor children or the responding party contests the petition, the court may:
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Order counseling or consultation with a qualified professional.
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Continue proceedings for up to three months to allow for possible reconciliation.
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Take other actions deemed in the best interest of the parties and the minor children.
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3. Court Orders During Proceedings
During any period of continuance, the court can make orders regarding:
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Support and Alimony: Determining financial support and maintenance for both parties.
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Parenting Plan: Establishing a plan for the care and support of minor children.
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Property Preservation: Ensuring fair management of property and assets.
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4. Final Judgment
A judgment of dissolution will result in both spouses being legally single and unmarried. The court may enforce any antenuptial agreements and will issue separate orders for any protection against domestic violence as needed.
Why Choose Us?
Legal cases, especially those involving family matters, can be overwhelming. Our experienced attorneys are here to help you navigate the complexities of the dissolution process with compassion and dedication. Contact us today for a free case evaluation and let us provide the support you need to move forward with confidence.
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