Orlando Divorce Lawyer
Few people want to contemplate that their marriage is about to end. Nevertheless, if you see divorce on the horizon, then you need an attorney by your side. Divorce can be as complex or simple as you want it, but even a simple divorce warrants a lawyer’s attention to protect your rights.
Fortunately, Florida is a no-fault state, meaning that you do not need to blame one spouse for the marriage coming to an end. Although fault might play a role in certain circumstances, many of our clients gain no benefit from claiming fault. Instead, you can claim that the marriage has “irretrievably broken down” and cannot be saved.
At DSK Law, our Orlando divorce lawyers handle all types of Florida divorces, and we are ready to help you, too.
Contested versus Uncontested Divorce
Before you can receive a divorce, a judge must completely unwind the marriage by deciding the following:
- Child custody;
- Child support;
- Division of marital property;
- Division of marital debt; and
Spouses can reach an agreement on any or all of these issues themselves. To promote cooperation, a judge can order couples to attend mediation where they will meet with a neutral third party to discuss their dispute. The mediator is not a judge but instead encourages the spouses to listen to each other and find common ground. Mediation is sometimes successful, and if it is, couples can draft a marital settlement agreement before presenting it to the judge.
Unfortunately, even with mediation, some disputes cannot be avoided. For example, if your husband is abusive or controlling, then there is little reason to agree that he should have full custody of the children. Likewise, if you need alimony to support yourself, you should not agree to forego it simply to make the divorce as uncontested as possible.
Any issues our client cannot reach an agreement on gets presented to the judge. After we present evidence, the judge will issue a decision which binds the parties.
Some couples might qualify for a simplified divorce if they meet the following requirements:
- The marriage is irretrievably broken down;
- One spouse has lived in Florida for six months immediately prior to filing;
- The spouses have no minor children together, and the wife is not pregnant; or
- The couple has divided property and agreed on how to pay their marital debts.
The couple must also present financial affidavits and show up in court to testify about the information in their petition. If the judge agrees, he can sign off on the divorce and the couple can go their separate ways.
Simplified divorce can allow couples to divorce much more quickly than they otherwise would and is a good option for some couples, though it is not for everyone.
Speak to an Experienced Orlando Divorce Lawyer
Divorce is often an emotionally turbulent time. You need the practical, steady guidance that the attorneys at DSK Law can provide. For more information about our services, please contact us today for a confidential consultation. You can call 1-844-688-4529.