The Florida divorce process can be overwhelming. Hiring a compassionate Orlando divorce lawyer can make the process less stressful. At Law Office Of Paulette Hamilton Divorce Lawyers, our attorneys take the time to understand your situation. Contact our office at (407) 420-2311 to get a free case evaluation.
When it comes to dissolving your marriage, nothing should be left to chance. Even when spouses agree the marriage relationship is over, numerous issues must be addressed and resolved. It might seem impossible to resolve emotional and complex issues. However, with experienced and thoughtful legal counsel, these issues can be settled in a way that is best for you and your family.
With our top-rated family law attorneys working with you, you can achieve the solutions you want and need to protect yourself and your children.
Why Choose the Law Office Of Paulette Hamilton Divorce Lawyers for Help With My Divorce in Orlando?
You deserve to receive honest advice and uncompromising advocacy as you make decisions that will impact your future. Our Orlando divorce attorneys at the Law Office Of Paulette Hamilton Divorce Lawyers provide exceptional service and customer care during a difficult time in your life.
With more than 15 years of experience, our law firm has been serving Florida residents. We are client-focused and offer innovative solutions that include divorce mediation, arbitration, and collaborative divorce. Our divorce lawyers have the skills and knowledge to handle the most complex divorce cases.
We handle all aspects of your divorce case. When you hire our top-rated divorce lawyers in Orlando, FL, you can trust us to:
- Listen to you to learn more about your marriage and what you want from a divorce settlement
- Discuss priorities and realistic goals for a divorce
- Explain Florida divorce laws and how they apply to your case
- Hire leading expert witnesses as necessary to assist with your case
- Investigate allegations of misconduct, such as parental alienation, domestic violence, hidden assets, unfit parents, etc.
- Prepare and file all documents necessary for the divorce action
- Engage in negotiations and mediation to resolve matters without litigation when possible
- Prepare for court and aggressively seek a judgment that is in line with your priorities
Our legal team is here for you when you have questions or concerns. Call the Law Office Of Paulette Hamilton Divorce Lawyers to request a confidential consultation with an attorney.
An Overview of Florida’s Divorce Process
The divorce process begins when a spouse files a Petition for Dissolution of Marriage with the court. The filing spouse is the petitioner, and the non-filing spouse is the respondent. Divorce papers must be served to the respondent. Generally, the sheriff’s office serves the divorce papers.
The respondent has 20 days to file an answer or other response with the court and serve a copy to the petitioner. If the respondent fails to file an answer, the petitioner can request the court enter a default divorce judgment.
However, the divorce case can take several directions if the respondent files an answer. The parties may agree on divorce terms and file a proposed divorce settlement with the court. However, if the spouses disagree on any divorce terms, the case is placed on the contested trial docket.
A contested divorce does not always go to trial. The spouses may settle their disputes through mediation or arbitration. If so, they can propose a settlement agreement to avoid trial.
What is Divorce?
Divorce is the process of legally ending a couple’s marriage. In Florida, it’s also known as a “dissolution of marriage.” The grounds for divorce in Florida are either irreconcilable differences (no fault) or a spouse’s adjudged mental incapacity for at least three years.
The process and its duration can vary significantly depending on the complexity of the issues involved. You will not be formally divorced until the court issues a final decree.
How Do You Initiate the Divorce Process?
To start the divorce process, one spouse (the petitioner) must file a Petition for Dissolution of Marriage with the local clerk of court and pay a filing fee. The exact forms you need will depend on your circumstances, such as whether you have children.
Once the documents have been filed, they must be formally served on the other party (the respondent). The respondent will then have 20 days to respond. This gives them an opportunity to file an Answer responding to the allegations set forth in the petition. They may contest certain terms, such as a request for alimony.
If the respondent does not file a response, the petitioner may seek a default judgment.
What Are the Grounds for Divorce in Florida?
Some states have numerous grounds for divorce, including fault grounds. Fault grounds allege that a spouse is responsible for the breakup of the marriage because they engaged in wrongful conduct. For example, adultery, abuse, abandonment, and habitual drunkenness are examples of fault grounds.
At one time, Florida had fault grounds for divorces. However, Florida is now a no-fault state for divorces.
The only grounds for a divorce in Florida are:
- The marriage is irretrievably broken
- A spouse is mentally incapacitated for at least three years
When a marriage is irretrievably broken, it means that the spouses have irreconcilable differences. The petitioning spouse alleges that further attempts to reconcile the marriage will not work and are not in the best interests of the spouses or their children.
What Are Florida’s Residency Requirements for Divorce?
Most states have residency requirements for filing for divorce. Florida law requires at least one spouse to reside in Florida for at least six months before filing for divorce. The petitioner must also reside in the county where the divorce papers are filed.
Florida courts do not have jurisdiction to grant a divorce until you meet the residency requirements. Therefore, you must file proof of residency with your divorce papers. Several documents may be used to prove residence, such as a utility bill, signed lease agreement, voter registration card, employment in Florida, vehicle registration, or a Florida driver’s license.
Is There a Waiting Period for a Divorce?
Many people want to obtain a divorce decree as quickly as possible once they decide to file for divorce. However, Florida imposes a minimum 20-day waiting period after the divorce papers are filed before a court can enter a divorce decree. The 20-day waiting period for a divorce allows the respondent time to file a response to the divorce papers.
Generally, receiving a divorce in Florida takes longer than 20 days. Even if the divorce is uncontested or simplified, it takes time for the court to process the paperwork and issue an order. However, if you file correct and complete paperwork with the court, you might be able to finalize your divorce in as little as six weeks, depending on the court’s schedule.
What Are the Different Types of Divorce in Orlando?
Generally, divorces fall into one of two categories: contested or uncontested. A contested divorce means that the spouses disagree on at least one issue related to the divorce. For example, the spouses cannot agree on how to divide their marital property. If the spouses cannot resolve the dispute, a contested divorce goes to trial and the judge decides how to resolve the dispute.
An uncontested divorce means that the spouses agree on all divorce terms. They negotiated a divorce settlement and asked the court to incorporate it into the final divorce decree.
Florida also allows couples to file for a Simplified Dissolution of Marriage. This type of divorce action is only available if the spouses do not have any minor or dependent children. The spouses must also agree to waive spousal support and have a property settlement agreement. Both spouses must sign the divorce papers and attend a final divorce hearing.
Spouses may also seek a collaborative divorce. The spouses enter into a collaborative law participant agreement stating they will engage in honest communication and full disclosure to negotiate a divorce settlement. If the parties fail to reach a settlement, they cannot file for a contested divorce with the same lawyers.
How Is Property Divided in an Orlando Divorce?
All marital assets are subject to equitable distribution during a Florida divorce. Equitable distribution means “fair” instead of equal. Therefore, the court may order an unequal property division of marital assets if the judge finds the division to be fair to both parties.
Typically, parties agree on how to divide marital property to avoid a judge making the decision for them. If a judge decides how to divide marital property, they consider numerous factors, including the duration of the marriage and each spouse’s financial circumstances. The judge may also consider other relevant factors, such as each spouse’s contributions to the marriage and acquiring marital assets.
We Handle All Aspects of Your Orlando Divorce
We are a full-service divorce and family law firm. Our attorneys have extensive experience handling all matters and issues related to divorce cases.
Our primary areas of practice include:
Divorce
A divorce or dissolution of marriage is the legal process of ending a marriage under Florida law. It is important to understand your rights during the divorce process. Our office handles all types of divorce cases, including contested, collaborative, gray, high asset, simplified, and uncontested divorces. We will ensure all matters relating to your divorce are handled with your best interests as the top priority.
Child Custody
Child custody is one of the most contentious matters in a divorce case. Even though parents may be on good terms, deciding how to divide the parenting responsibilities after the divorce can cause problems. Our Orlando child custody attorneys will work with you to develop a parenting plan and time-sharing agreement that protects your parental rights and your child’s well-being.
Child Support
Parents are required to provide financial support for their children even though they are no longer married. Florida uses standard child support guidelines to determine each parent’s child support obligation. However, judges may deviate from the child support guidelines. Our Orlando child support lawyers diligently apply the law to propose fair child support. payments.
Alimony/Spousal Support
Florida permits judges to order alimony or spousal support based on the facts of the case. However, alimony is not a right, nor is it guaranteed. A judge must find a need for support and the ability to pay support payments. When alimony is granted, the court may order one of several types of alimony, including lump-sum, temporary, bridge-the-gap, permanent, and durational alimony. Call our Orlando alimony attorney to get help.
Property Division
Marital property is subject to equitable distribution in Florida. Our Orlando property division lawyers work to ensure you receive a fair share of the marital assets, so you have the resources you need as you enter single life again. We search for hidden assets and work to protect separate property from being divided.
Prenuptial and Postnuptial Agreements
A prenup or postnup is a formal contract between prospective spouses or a married couple, respectively. These agreements typically outline how the parties will divide their property in the event of a divorce.
A Florida court will generally uphold the terms of a prenup or postnup as long as it is enforceable and complies with all legal requirements.
If you and your spouse have a postnuptial or prenuptial agreement, it will affect the divorce process. For one, it’ll potentially allow you to avoid a contested divorce, which can be highly stressful, expensive, and time-consuming.
Additionally, it can give you more control over how the process unfolds. For example, if you’ve already outlined how your marital assets will be divided upon divorce, you won’t have to worry about an undesired court ruling on the matter.
Judgment Modification
A substantial change in circumstances could require a modification of a divorce judgment. For example, parents may need to modify a child custody order or child support order. Our Orlando collaborative divorce attorneys can review your situation to advise whether the court is likely to grant a judgment modification based on the changes since the original order.
Domestic Violence Injunction
A domestic violence injunction is a court order that prohibits a spouse from committing acts of violence toward the other spouse. Whether you are being accused of domestic violence or are the victim of domestic violence, an Orlando domestic violence attorney can help you argue your case in court.
What Tools Are Available to Help Me Navigate My Orlando Divorce?
An experienced divorce lawyer helps you navigate the divorce process. However, you may also utilize several tools to help you resolve differences with your spouse to avoid prolonged, costly litigation.
For example, you may engage in divorce mediation. A mediator is a neutral third party that helps facilitate settlement discussions. The mediator helps the parties focus on compromising to resolve their differences. The Florida Supreme Court certifies family law mediators.
Another option is to work with divorce lawyers on a collaborative divorce. The attorneys and spouses meet to negotiate a settlement instead of taking the case to trial. Experienced divorce attorneys are skilled in the art of negotiating divorce settlements.
Contact Our Experienced Orlando Divorce Lawyers for a Free Case Evaluation
Going through the divorce process is easier when you have a trusted legal advocate on your side. Our Orlando divorce lawyers at the Law Office Of Paulette Hamilton Divorce Lawyers are dedicated to assisting our clients in obtaining a divorce in the most efficient, cost-effective manner possible while protecting their interests.
If you have questions about a divorce or other family law matter, contact our office to schedule a free case evaluation with an attorney. Your consultation is confidential and private.
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Orlando Family Law Resources
- Florida Courts – Visit the main site of Florida’s judicial system, where you can find key information about different court topics, including cases, rules, and ways to navigate through the state’s legal procedures.
- Florida Courts – Family Law Forms – Access a variety of forms designed to help individuals handle family-related legal issues
- Florida Courts – Self-Help Information – This section covers areas like family law, small claims, and more, providing the necessary tools to get started.
- Florida State Divorce Records – Clear guide on where to go and what steps to take to get official documents.
- Orange County Clerk Circuit Court – Divorce Packet Forms – Get the essential forms needed to start or respond to a divorce case in Orange County, FL, with instructions on how to complete and file them.
- Orange County Clerk Circuit Court – Family Law – Learn about the family law services offered by the Orange County Clerk Circuit Court
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