Divorce Attorney in Winter Garden, FL
Divorce is called the dissolution of marriage. Florida eradicated fault as a dissolution of marriage which means it doesn’t matter why the marriage is broken. The only requirement in dissolving a marriage is an individual in the relationship feels the relationship is irreparable.
Getting a Divorce In Florida at a Glance
The legal process of divorce begins with one spouse filing a “petition for dissolution of marriage” in the county where they reside. The court serves the spouse with divorce papers. If both parties agree on the settlement agreement, then the divorce can be finalized without a trial.
If your spouse does not agree to the terms of the settlement of the divorce, then the court will order a court hearing.
Requirements to file for a divorce in Florida
- One spouse must have six months residency in Florida before filing for divorce.
- Each party must provide full financial disclosure.
- The marriage must also be proven that it exits.
- Demonstrate that the marriage is disjointed.
Financial Concerns During Divorce
There are many burdens when filing for a divorce. Florida follows equitable division laws. There is a distribution of all marital assets. The division of equity is considered fair, but not equal in the state of Florida. There are many considerations the court makes in determining apportionment of assets:
- Spousal allocation of wealth
- Length of marriage
- Economic circumstances
- Age and health
Division of Family Assets
- Sharing a home is the probably the biggest asset that is shared in a marriage. If there is a mortgage on the home, one spouse can elect to refinance the home and keep living there. A divorce mortgage specialist can help assist with refinancing.
- Division of the family home is also an assessment when deciding child custody. The courts will observe parental contributions such as education, child care, and parental responsibilities.
- Any pension earned during the marriage is also viewed as equitable distribution. The judge starts out with a 50/50 distribution but may adjust the amount shared after reviewing other marital contributions.
- Another thing to contemplate in the dissolution of marriage is taxes. There is deductions for alimony, child custody, and the settlement of the divorce.
- Marital misconduct is also examined during the divorce proceedings, Even though adultery is not considered a fault for filing for a divorce, other factors may exist. For example, if a spouse squandered assets by creating gambling debts, under Florida’s equitable distribution law, judges may recompense your spouse by awarding them additional property because they have rights to the portion of assets you misused.
Facing Difficult Situations With Divorce
Families face many financial hardships during and after divorce. Another area the courts focus on during divorce proceedings is alimony, child custody and child support. A judge will decide the allocation of all assets and family obligations after reviewing both spouses contributions to the relationship.
- Alimony is awarded to the spouse who has a need. It can be awarded to either spouse. The spouse has to request spousal support during divorce proceedings.
- Child custody is awarded to the spouse that is agreed upon or ordered by the judge. Florida courts prefer both parents take equal responsibility for a child in most cases. The judge may order children designated to the parent that keeps the family home, but entitles the other parent to full time sharing responsibilities unless there is a concern for the children's welfare.
- To determine parental responsibility, the court will design a parenting plan. The parenting plan includes the responsibilities of both parents such as child rearing, decision making, and time-sharing.
- Child support is determined by the parents income. In Florida, child support guidelines supply formulas for assessing obligation under Florida statute (FL.Stat.Ann. 61.30).
Divorce is a primary cause of poverty in America. Many couples facing divorce are apprehensive of how there finances will be affected. You may be perplexed with not receiving the level of marital assets entitled to you. Finding an aggressive divorce attorney is decisive when heading for divorce.
The Law Office of Jason G. Smith is Dedicated With Assisting You with the Best Client Advocacy
Jason G. Smith can help guide you and negotiate on your behalf giving you the confidence you need to move forward with your divorce. Call today for a free consultation!