Orlando Divorce Attorneys
If you are involved in a divorce, the Wilson Law Firm can help you. We represent people throughout the Orlando and Central Florida area in divorce cases. We understand both the legal and emotional issues involved in a divorce and can assist you in resolving your case.
Speak With a Divorce Attorney Today:
If you are anticipating a divorce or already have an ongoing case, you should speak with an attorney today. Having a well-prepared plan and making wise decisions prior to the start of your divorce can be crucial to its successful resolution.
Unfortunately, we see many cases where people waited too long to speak with an attorney. Only after they have made numerous mistakes do they finally decide to contact and retain an attorney. This ends up costing them far more than if they would have spoken with and hired a divorce attorney from the beginning.
An experienced Orlando divorce attorney will be able to explain how the law applies to your situation and help you resolve your case efficiently. If your case does require a hearing or trial, you will want to have an experienced Orlando divorce attorney on your side. An experienced divorce attorney will help present your side of the case to the Judge in a persuasive and effective manner. This will help you achieve the best results possible for your situation.
Call the Wilson Law Firm Today at: (407) 648-5255
Call us today to speak with an experienced Orlando divorce attorney. An Orlando divorce attorney will be able to advise you of your legal rights so that you will understand how the law applies to your situation.
We have provided some basic information about divorce in Florida below:
Florida Divorce Residence Requirements:
To obtain a dissolution of marriage, one of the parties must be a resident of Florida for 6 months before filing the petition (unless they are a member of the military). However, simply being a resident of Florida for 6 months does not necessarily mean that a Florida Court will be able to address all the issues in your dissolution. If one of the parties does not live in Florida or if they reside in another county, you should consult with an attorney about where to file for divorce. For more information about residency requirements, speak with an Orlando divorce attorney today.
Starting a Divorce in Florida:
If the parties are in agreement on all the issues involved in the divorce, a simplified or uncontested dissolution may be possible. This can avoid many of the steps involved in the dissolution process.
If there are contested issues, the divorce process begins with a petition for dissolution of marriage, along with other documents being filed with the Clerk of the Court. These documents are then served upon the other party. Once served, the other party must file an Answer and, if necessary, a Counter-Petition, within 20 days. The Answer should address each allegation and request within the petition. A copy of any documents you file must also be mailed to the opposing party (or their attorney, if represented). If the Respondent files a Counter-Petition with their Answer, it must be responded to within 20 days with an Answer.
Petitions & Counter- Petitions for a Divorce:
It is important to note that the Court may be limited in what it can do if the petition is not pled with specificity. Also, the Court will not be able to address the sale of real estate, such as a marital residence, without a partition count being properly pled according to Florida law. Speak with an Orlando divorce attorney today for more information about petitions and counter-petitions.
Time Frame for a Divorce:
In some cases, the parties are quickly able to reach an agreement on all the issues involved in their dissolution of marriage. In these situations, the case may be resolved in a matter of a few weeks. Contested cases involve more litigation in order to resolve issues and come to an agreement. When the parties cannot come to an agreement, a trial before the judge may be necessary; for more information about the time frame for a dissolution, speak with an Orlando divorce attorney today.
Financial Disclosure in a Divorce:
Each party has a right to have the other party provide a financial affidavit and certain financial documentation. In cases involving child support, a Financial Affidavit will be required by the Court in order to calculate child support. Family Rule 12.285 provides a list of disclosure documents that each party is entitled to receive. In addition, in some cases, additional financial disclosure will be necessary. There are a number of methods lawyers use to accomplish this, including interrogatories, requests to produce, depositions, and subpoenas.
Parenting Course Requirement for Divorces:
The Court requires parents in all divorce cases involving minor children to complete a 4-hour parenting course. It is in the best interest of the parties to attend the course as early as possible in the divorce process; for more information about parenting courses, speak with an Orlando divorce attorney today.
Equitable Distribution in a Divorce:
Florida's law provides for an equitable distribution of marital property. Put simply; this means that the marital property should be divided fairly and justly between the parties. However, this does not necessarily mean that the property will be divided equally. In addition to marital assets, the Court must determine how it should divide the marital liabilities (debts). The Court also needs to set apart any non-marital assets and liabilities. For more information on equitable distribution, speak with an Orlando divorce attorney today or visit the asset & debt distribution page of our website.
Time Sharing and Child Custody in a Divorce:
If the Parties are unable to agree on time-sharing, the Court will determine one for each child of the parties in accordance with the best interests of the child. The factors the Court can consider are defined in Florida Statute 61.13. It is the public policy of this State to ensure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved. It also encourages the parents to share the rights and responsibilities, and joys, of child-rearing. Visit our Custody/Time-Sharing page of our website for more information.
Rebuttable Presumption of 50/50 Time-Sharing as of July 1, 2023:
There was a change in Florida to the law regarding time-sharing on July 1, 2023. There is now a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child. Except when a time-sharing schedule is agreed to by the parties and approved by the court.
Parenting Plan for a Divorce with Children:
The Court will decide the parenting arrangements such as parental responsibility, time-sharing, school zone district, and access to records related to the child. The standard for making these determinations is based on the child's best interests as defined in Florida Statute 61.13. In some cases, the Court may request a parenting evaluation or appoint a guardian ad litem or other professional to assist in making its determination.
Courts must approve a parenting plan that, at minimum, describes in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child(ren). The time-sharing schedule arrangements must specify the time that the minor child(ren) will spend with each parent. It will also designate who will be responsible for any and all forms of health care, school-related matters, other activities, and the methods and technologies that the parents will use to communicate with the child(ren). To learn more about some of the factors the Court can consider in regard to parenting plans, speak with one of our Orlando divorce attorneys today or visit the parenting plan page of our website.
Child Support in a Divorce with Children:
Each party has a responsibility to support their child(ren) according to their needs and the parties' financial abilities. This obligation usually ceases when the child(ren) turn eighteen and graduate from high school. In certain cases involving special needs, child support may extend beyond this date. In an initial determination of child support in a divorce case, the Court has the discretion to award child support retroactively to the date when the parties did not reside together in the same household with the child(ren). This is not to exceed a period of 24 months preceding the filing of the petition. For more information on child support, speak with an Orlando divorce attorney today or visit the child support page of our website.
Alimony in a Florida Divorce:
In certain cases, the Court may grant alimony in the form of bridge-the-gap, durational, lump-sum or rehabilitative in nature or any combination of these forms of alimony to one of the parties. Two main considerations in alimony cases are the need for alimony and the ability to provide alimony. When discussing the issue of alimony, the length of the marriage is also an important factor as to the length of the alimony award. In Florida we have short-term marriages which are less than 10 years of marriage, moderate term marriage, which are 10 to 20 years and long-term marriages of 20 or more years. For more information on alimony, speak with an Orlando divorce attorney today or visit the alimony page of our website.
Changes in Florida's Alimony Law as of July 1, 2023:
As of July 1, 2023, the alimony law in Florida has changed and permanent alimony can no longer be awarded by the Court in cases that are resolved after that date. The following information provides an overview of the current alimony law in Florida.
Attorney's Fees and Costs in a Divorce:
The Court may, after considering the financial resources of both parties, order one of the parties to pay a reasonable amount for attorney's fees and costs to the other party. For more information, speak with an Orlando divorce attorney today.
Experienced Orlando Divorce Attorney:
Our Orlando divorce attorneys have handled thousands of cases during their legal careers. Call us today to speak directly with an experienced Orlando divorce attorney about your situation or for more information about our Orlando divorce attorneys and law firm.