Florida Divorce Questions – Orlando Divorce Attorney

How long will the divorce process last?

If both parties agree on all of the issues pertaining to their divorce, the process can be done very quickly. Florida Statute 61.19 only prescribes that a period of 20 days must elapse from the date of filing the original petition for dissolution before a final judgment may be entered by the Court. If there are contested issues involved, the process can take much longer. It is in both parties best interest to go into the divorce process with realistic expectations to minimize the costs and burden upon the family.

Don’t take legal advice from family, friends and co-workers.

Do not assume that you or your family members, friends or co-workers know anything about how the law will apply to your situation. The law is complex and each situation is unique. You wouldn’t ask your friend who recently had surgery to perform your surgery. Nor would you read a book and attempt to perform the surgery yourself. We frequently meet with people who have already made crucial mistakes that could have been avoided because they got bad legal advice. Speak with an Orlando divorce attorney today.

Can my spouse and I use the same attorney?

An attorney can only represent and provide legal advice to one party in a divorce because of the conflict of interest between the two parties.

Do I have to go to Court?

It depends on the county and the facts of your case. In some Florida counties, there are procedures in place whereby neither party may be required to go to Court if the parties are able to reach an agreed upon resolution. However, one party is usually required to attend the final hearing.

How long do I have to live in Florida before I can file for divorce?

Florida has a six month residency requirement, unless one of the parties is a member of the military.

Where do I file for a divorce?

Most of the time the parties will reside in the same county and you will file for a divorce with the Clerk of the Court in that county. Sometimes parties may reside in different counties or even different states or countries. If this is your situation, it is best to consult with an attorney to determine where you will need to file your divorce.

Can I move out of the marital residence?

You should speak with an attorney before deciding to move out of the marital residence. This question is addressed more fully in our Free Divorce Guide

Am I required to attend a parenting course?

All parties to a divorce proceeding with minor children are required to complete a parenting course prior to the entry by the Court of a final judgment. However, in certain cases the Court may excuse a party from attending the parenting course, or from completing the course within the required time, for good cause.

What happens to the engagement ring?

An engagement ring given to the wife prior to marriage is typically a nonmarital asset. In most cases, the wife gets to keep the engagement ring.

What happens to the family pet?

Family pets are considered personal property and must be awarded to one party or the other. There is no custody or visitation for a family pet.

Experienced Orlando Divorce Attorney – Florida Divorce Questions:

Attorney Joel Wilson has handled thousands of cases during his legal career. He understands both the legal and emotional issues involved in divorce cases. He is also an experienced trial attorney. In many cases, people who fail to retain an attorney later discover that they have made critical mistakes. This can have devastating consequences in regards to alimony, their children or financial situation. Call us today. We work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.