Tallahassee Divorce & Family Lawyer
Family law encompasses a broad array of services that includes, but is not limited to, divorce. DSK Law represents both individual spouses and couples in legal matters related to their marriage, their divorce, the division of marital property, prenuptial agreements, custody arrangements, child support, spousal support (alimony) and more. Led by founding partner, Hugo de Beaubien, the Tallahassee divorce & family lawyers at DSK Law provide experience and resources to see that your family issues are attended to ethically, professionally, and in your best interests.
Divorce: Contested, Uncontested, and Collaborative
Florida is one of a handful of states that does not provide spouses with the ability to file fault-based divorces. This does not mean that spouses who commit emotional or physical abuse, adultery, or otherwise behave badly in the marriage are off the hook. Instead, all grounds for divorce in Florida are simply “the marriage has broken down to the point where the relationship is beyond repair” or, in legal terms, “insupportability”.
Florida does leave room for contested and uncontested divorces. Contested divorces tend to be more expensive but they are also appropriate when the two spouses are not close to coming to an equitable arrangement. These are known as litigated divorces. Each spouse has their own attorney representing them and the process is intrinsically adversarial as they attempt to leverage the other side into a beneficial arrangement. The court will consider issues such as infidelity, abuse, or other issues that caused the marriage to break down. Your attorney will either press these issues with the court or defend you from the allegations.
Uncontested divorces are generally mediated. In them, the process is led by one attorney who attempts to come to an agreement that is beneficial to both parties. In other words, they try to find a compromise that both spouses can live with. Spouses may have their own attorneys look over the divorce agreement to ensure that the decree suits their needs.
Collaborative divorce lies somewhere in the middle. Each spouse has their own attorney, but all parties involved sign an agreement to come to a mutually beneficial arrangement. The process is less adversarial than contested divorces but presupposes the spouses are further apart in negotiations than would be appropriate for mediation.
Modifications of Existing Arrangements
As spouses settle into their post-divorce lives circumstances change. One spouse may be laid off from work or the other may move somewhere else. In these cases and many others, existing agreements will need to be modified to accommodate the new circumstances. DSK Law helps our clients make legally binding changes to existing agreements.
Division of Assets
Florida is an equitable distribution state. That means that assets are divided fairly between the spouses—but not necessarily equally. When one spouse has the primary duty of supporting and taking care of the children’s educational and financial needs on a daily basis, the court will consider this when dividing assets. In addition, the earning power of each spouse will be considered when dividing assets. Lastly, how each spouse behaved during the marriage may impact asset distribution.
Talk to a Tallahassee Divorce & Family Lawyer Today
The attorneys at DSK Law can manage all aspects of your divorce. Our Tallahassee divorce and family lawyers can also help couples draft pre and post-nuptial agreements, get injunctive relief in domestic violence situations, help couples adopt and more. Give us a call or contact us online for more information.