| ORLANDO LAWYERS - CRIMINAL DEFENSE, DIVORCE, DUI & PERSONAL INJURY |
DIVORCE INFORMATION:
On this page, we provide some general information about dissolutions
of marriage in Florida. For more specific information, Call us Today at
(407) 648-5255 to speak with an Orlando Divorce attorney about your
individual situation.
Divorce - In cases where the parties are in agreement on all of the
issues involved the divorce, a simplified or uncontested dissolution
may be possible and the a parties can avoid many of the steps
involved in the dissolution process. If their are contested issues, the
Divorce process begins with a petition for dissolution of marriage,
along with other accompanying documents, being filed with the
Clerk of Court and served upon the other spouse.
Once served with the petition, the other spouse must respond within 20 day with an Answer.
The answer should address each allegation and/or request within the petition and needs to be
filed with the clerk of Court and mailed to the opposing party or their attorney if represented.
Usually the other party will also include a Counter-Petition with their Answer which then must be
responded to within 20 days with an answer. We offer a Free Divorce Guide which you may find
beneficial: Free Divorce Guide>
Financial Disclosure - Each Party has to provide financial affidavits to the other party and
exchange certain financial documents. For more information about the financial documentation
that needs to be exchanged visit the following link: Mandatory Disclosure Rule>
Petitions & Counter-Petitions - It is important to note that the Court may be limited in awarding or
setting aside some assets to a party if the petition is not pled with specificity. Also, the court will
not be able to address the sale of real estate such as the marital residence without a partition
count properly pled according to Florida Statutes, Chapter 64.
Time Frame for a Dissolution - In some cases, couples are quickly able to reach an agreement
on all of the issues involved in their dissolution of marriage. In these cases, the parties case may
be resolved in the matter of a few weeks. Other more contested cases may involve more litigation
in order to resolve disagreements and come to a resolution. When couples cannot come to
agreement, a trial before the judge may be necessary.
Parenting Course - The divorce process can be very emotional on a family. Parents can take
measures, however, to make the process easier on their children. The Court requires parents, In
all cases involving minor children, to complete a 4 hour parenting course prior to the entry of a
final judgment and it is in the best interest of the parties to attend this course as early as possible
in the dissolution process. For information about registering and completing the 4 hour
parenting course please visit the following link: 4 Hour parenting Course
Residence Requirements -To obtain a dissolution of marriage, one of the parties to the marriage
must be a resident of Florida for 6 months before filing of the petition unless they are a member of
the military. However simply being a resident of Florida for 6 months does not mean that a
Florida Court will be able to address all of the issues in your dissolution if the other party does not
reside in the State of Florida. If your spouse does not live in Florida or if they reside in another
county, contact an attorney to find out which county and/or State you should file for divorce in.
Equitable Distribution - Florida law provides for an equitable distribution of the marital property.
Put simply, this means that the property should be divided fairly and justly between the parties.
This does not necessarily mean that the property will be divided equally though. In addition to the
assets of the marriage, the court must determine how it should divide the marital liabilities
(debts), and the Court also needs to set apart any non-marital assets and liabilities if they exist.
Florida Statute 61.075 states that in determining the distribution of the marital assets and
liabilities, the court must begin with the premise that the distribution should be equal, unless
there is a justification for an unequal distribution based on all relevant factors, including:
(a) The contribution to the marriage by each spouse, including contributions to the care and
education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other
spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or
professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income
or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital
assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the
marriage, or any other party, when it would be equitable to do so, it is in the best interest of the
child or that party, and it is financially feasible for the parties to maintain the residence until the
child is emancipated or until exclusive possession is otherwise terminated by a court of
competent jurisdiction. In making this determination, the court shall first determine if it would be in
the best interest of the dependent child to remain in the marital home; and, if not, whether other
equities would be served by giving any other party exclusive use and possession of the marital
home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of
the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.
Child Custody (Parenting Plan) - In Florida, the court will determine all matters relating to
parenting and time-sharing of each minor child of the parties in accordance with the best
interests of the child and in accordance with the Uniform Child Custody Jurisdiction and
Enforcement Act. It is also the public policy of this state to assure that each minor child has
frequent and continuing contact with both parents after the parents separate or the marriage of the
parties is dissolved and to encourage parents to share the rights and responsibilities, and joys,
of childrearing. There is no presumption for or against the father or mother of the child when
creating or modifying the parenting plan of the child.
On October 1, 2008, modifications to Florida Statute 61.13 pertaining to Parenting and
Time-Sharing went into effect. The Courts must now 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, the time-sharing schedule arrangements that specify
the time that the minor child will spend with each parent, a designation of 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.
In most cases, parental responsibility will be shared by both parents. This means that the
parents will discuss all of the major decisions regarding the welfare of the child. In certain cases
the Court may grant to one party the ultimate responsibility over specific aspects of the child's
welfare or may divide those responsibilities between the parties based on the best interests of
the child. Areas of responsibility may include education, health care, and any other
responsibilities that the court finds unique to a particular family. If the parties cannot come to an
agreement regarding a major issue, the courts will decide it for them. If the court determines that
shared parental responsibility would be detrimental to the child, it may order sole parental
responsibility and make such arrangements for time-sharing as specified in the parenting plan
as will best protect the child or abused spouse from further harm. To learn more about
developing a parenting plan, visit the following Child Custody Page>.
Child Support - Each Spouse has a responsibility to support their children according to their
needs and the spouses financial abilities. This obligation usually ceases when the child turns
eighteen, although in certain cases involving special needs, it may extend beyond this date.
In an initial determination of child support in a divorce, the court has discretion to award child
support retroactive to the date when the parents did not reside together in the same household
with the child. This is not to exceed a period of 24 months preceding the filing of the petition,
regardless of whether that date precedes the filing of the petition. For more information on child
support visit the following Child Support Page>.
Alimony - In certain cases, the court may grant certain types of alimony to one of the parties.
Rehabilitative alimony is awarded for a limited period of time to assist one party in redeveloping
skills and regaining their ability for self support. Permanent Alimony is support that is paid until
the remarriage of the payee spouse or the death of either party. In some cases, the court may
order Lump-Sum alimony which can be awarded out of the marital
assets.
When discussing the issue of alimony, the length of the marriage is an important factor in the
determination of whether alimony will be awarded. In a short-term marriage, there is a
presumption against permanent periodic alimony. In a long-term marriage, there is a
presumption in favor of permanent periodic alimony. In what's been termed a gray-area marriage
there is no presumption for or against the award of permanent periodic alimony. What constitutes
the length of a short-term, long-term, and gray area marriage varies among the District Courts.
In determining a proper award of alimony or maintenance, Florida Statute 61.08 states that the
court shall consider all relevant economic factors, including but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the nonmarital and the marital assets and liabilities
distributed to each.
(e) When applicable, the time necessary for either party to acquire sufficient education or training
to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered
in homemaking, child care, education, and career building of the other party.
(g) All sources of income available to either party.
The court may consider any other factor necessary to do equity and justice between the parties.
Attorney's Fees - 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
the purpose of maintaining or defending a dissolution of marriage action.
For more information about any issues involving a divorce, Call us today at (407) 648-5255 to
speak with an Orlando Divorce and Family Law attorney to see how we can help you. We
represent individuals with Divorce and Family law issues throughout the Orlando and Central
Florida area.
Our Family Law Pages: Family Law Home Page> Child Custody> Child Support> Divorce>
Injunctions> Paternity> Free Divorce Guide> FAQ Family Law & Divorce> Mandatory
Disclosure Rule>
On this page, we provide some general information about dissolutions
of marriage in Florida. For more specific information, Call us Today at
(407) 648-5255 to speak with an Orlando Divorce attorney about your
individual situation.
Divorce - In cases where the parties are in agreement on all of the
issues involved the divorce, a simplified or uncontested dissolution
may be possible and the a parties can avoid many of the steps
involved in the dissolution process. If their are contested issues, the
Divorce process begins with a petition for dissolution of marriage,
along with other accompanying documents, being filed with the
Clerk of Court and served upon the other spouse.
Once served with the petition, the other spouse must respond within 20 day with an Answer.
The answer should address each allegation and/or request within the petition and needs to be
filed with the clerk of Court and mailed to the opposing party or their attorney if represented.
Usually the other party will also include a Counter-Petition with their Answer which then must be
responded to within 20 days with an answer. We offer a Free Divorce Guide which you may find
beneficial: Free Divorce Guide>
Financial Disclosure - Each Party has to provide financial affidavits to the other party and
exchange certain financial documents. For more information about the financial documentation
that needs to be exchanged visit the following link: Mandatory Disclosure Rule>
Petitions & Counter-Petitions - It is important to note that the Court may be limited in awarding or
setting aside some assets to a party if the petition is not pled with specificity. Also, the court will
not be able to address the sale of real estate such as the marital residence without a partition
count properly pled according to Florida Statutes, Chapter 64.
Time Frame for a Dissolution - In some cases, couples are quickly able to reach an agreement
on all of the issues involved in their dissolution of marriage. In these cases, the parties case may
be resolved in the matter of a few weeks. Other more contested cases may involve more litigation
in order to resolve disagreements and come to a resolution. When couples cannot come to
agreement, a trial before the judge may be necessary.
Parenting Course - The divorce process can be very emotional on a family. Parents can take
measures, however, to make the process easier on their children. The Court requires parents, In
all cases involving minor children, to complete a 4 hour parenting course prior to the entry of a
final judgment and it is in the best interest of the parties to attend this course as early as possible
in the dissolution process. For information about registering and completing the 4 hour
parenting course please visit the following link: 4 Hour parenting Course
Residence Requirements -To obtain a dissolution of marriage, one of the parties to the marriage
must be a resident of Florida for 6 months before filing of the petition unless they are a member of
the military. However simply being a resident of Florida for 6 months does not mean that a
Florida Court will be able to address all of the issues in your dissolution if the other party does not
reside in the State of Florida. If your spouse does not live in Florida or if they reside in another
county, contact an attorney to find out which county and/or State you should file for divorce in.
Equitable Distribution - Florida law provides for an equitable distribution of the marital property.
Put simply, this means that the property should be divided fairly and justly between the parties.
This does not necessarily mean that the property will be divided equally though. In addition to the
assets of the marriage, the court must determine how it should divide the marital liabilities
(debts), and the Court also needs to set apart any non-marital assets and liabilities if they exist.
Florida Statute 61.075 states that in determining the distribution of the marital assets and
liabilities, the court must begin with the premise that the distribution should be equal, unless
there is a justification for an unequal distribution based on all relevant factors, including:
(a) The contribution to the marriage by each spouse, including contributions to the care and
education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other
spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or
professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income
or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital
assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the
marriage, or any other party, when it would be equitable to do so, it is in the best interest of the
child or that party, and it is financially feasible for the parties to maintain the residence until the
child is emancipated or until exclusive possession is otherwise terminated by a court of
competent jurisdiction. In making this determination, the court shall first determine if it would be in
the best interest of the dependent child to remain in the marital home; and, if not, whether other
equities would be served by giving any other party exclusive use and possession of the marital
home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of
the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.
Child Custody (Parenting Plan) - In Florida, the court will determine all matters relating to
parenting and time-sharing of each minor child of the parties in accordance with the best
interests of the child and in accordance with the Uniform Child Custody Jurisdiction and
Enforcement Act. It is also the public policy of this state to assure that each minor child has
frequent and continuing contact with both parents after the parents separate or the marriage of the
parties is dissolved and to encourage parents to share the rights and responsibilities, and joys,
of childrearing. There is no presumption for or against the father or mother of the child when
creating or modifying the parenting plan of the child.
On October 1, 2008, modifications to Florida Statute 61.13 pertaining to Parenting and
Time-Sharing went into effect. The Courts must now 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, the time-sharing schedule arrangements that specify
the time that the minor child will spend with each parent, a designation of 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.
In most cases, parental responsibility will be shared by both parents. This means that the
parents will discuss all of the major decisions regarding the welfare of the child. In certain cases
the Court may grant to one party the ultimate responsibility over specific aspects of the child's
welfare or may divide those responsibilities between the parties based on the best interests of
the child. Areas of responsibility may include education, health care, and any other
responsibilities that the court finds unique to a particular family. If the parties cannot come to an
agreement regarding a major issue, the courts will decide it for them. If the court determines that
shared parental responsibility would be detrimental to the child, it may order sole parental
responsibility and make such arrangements for time-sharing as specified in the parenting plan
as will best protect the child or abused spouse from further harm. To learn more about
developing a parenting plan, visit the following Child Custody Page>.
Child Support - Each Spouse has a responsibility to support their children according to their
needs and the spouses financial abilities. This obligation usually ceases when the child turns
eighteen, although in certain cases involving special needs, it may extend beyond this date.
In an initial determination of child support in a divorce, the court has discretion to award child
support retroactive to the date when the parents did not reside together in the same household
with the child. This is not to exceed a period of 24 months preceding the filing of the petition,
regardless of whether that date precedes the filing of the petition. For more information on child
support visit the following Child Support Page>.
Alimony - In certain cases, the court may grant certain types of alimony to one of the parties.
Rehabilitative alimony is awarded for a limited period of time to assist one party in redeveloping
skills and regaining their ability for self support. Permanent Alimony is support that is paid until
the remarriage of the payee spouse or the death of either party. In some cases, the court may
order Lump-Sum alimony which can be awarded out of the marital
assets.
When discussing the issue of alimony, the length of the marriage is an important factor in the
determination of whether alimony will be awarded. In a short-term marriage, there is a
presumption against permanent periodic alimony. In a long-term marriage, there is a
presumption in favor of permanent periodic alimony. In what's been termed a gray-area marriage
there is no presumption for or against the award of permanent periodic alimony. What constitutes
the length of a short-term, long-term, and gray area marriage varies among the District Courts.
In determining a proper award of alimony or maintenance, Florida Statute 61.08 states that the
court shall consider all relevant economic factors, including but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the nonmarital and the marital assets and liabilities
distributed to each.
(e) When applicable, the time necessary for either party to acquire sufficient education or training
to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered
in homemaking, child care, education, and career building of the other party.
(g) All sources of income available to either party.
The court may consider any other factor necessary to do equity and justice between the parties.
Attorney's Fees - 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
the purpose of maintaining or defending a dissolution of marriage action.
For more information about any issues involving a divorce, Call us today at (407) 648-5255 to
speak with an Orlando Divorce and Family Law attorney to see how we can help you. We
represent individuals with Divorce and Family law issues throughout the Orlando and Central
Florida area.
Our Family Law Pages: Family Law Home Page> Child Custody> Child Support> Divorce>
Injunctions> Paternity> Free Divorce Guide> FAQ Family Law & Divorce> Mandatory
Disclosure Rule>
| The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your earliest convenience to schedule a consultation. |
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affects your individual situation, your options, and the
costs of representation should you decide to retain us.
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