Divorce

Divorce

Our Orlando divorce attorneys are;

At the Spence Law Firm, our Orlando divorce attorneys understand that a divorce is fraught with emotion and is difficult for all parties involved.  Divorce law in Florida is also very complex because there are so many legal issues that come together in one case: issues of child custody; child support, time-sharing, valuation and distribution of assets and liabilities, and alimony.  These are important issues that will affect you for the rest of your life.    You need an experienced Orlando divorce lawyer to guide you through the maze.

Florida, like many states today, provides for “no-fault” divorce.  The party seeking the divorce need only allege that marriage exists and that the marriage is “irretrievably broken.”  In Florida, there is also a residency requirement—one of the parties must have lived in Florida for at least six months before filing for divorce.

Divorce does not have to be as challenging and acrimonious as many people believe it to be.  If the parties agree, they may enter into a marital settlement agreement that resolves some or all of their issues.  They can then

 

In a so-called collaborative divorce, in which they enter into a joint process, disclosing all relevant information and attempting to negotiate a settlement agreement – not to be confused with a separation agreement – which lays out all issues to the satisfaction of the parties.  In addition to attorneys, financial advisors, mental health professionals, and other professionals may assist in resolving issues specific to their field.

If the collaborative process is not successful or the parties have too many disagreements to pursue the collaborative route, a contested divorce proceeding, which is what most people think of when they hear “divorce,” is another option.

A contested divorce begins with mandatory disclosures from both parties.  This helps determine the financial positions of each party and the couple jointly to determine the most equitable results.  Then, the parties attend more formal mediation to resolve their issues.

If there are no minor children of the marriage involved and the parties have agreed not to seek alimony, the couple can agree on the appropriate division of property on their own and use the simplified divorce procedure.  In a simplified divorce, the mandatory financial disclosures of the “regular” divorce procedure are optional.

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