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Grounds for Dissolution
To obtain a dissolution of marriage, your Orlando divorce lawyer must prove two things. First, that one or both spouses have resided in Florida for at least six months before the date the petition is filed with the court. Second, that your marriage is irretrievably broken.
No Fault Divorce
Florida is a no-fault divorce state. The only requirement related to fault in a dissolution of marriage case is to show that the marriage is “irretrievably broken.” This means that counseling will not help and that the marriage cannot be fixed. One spouse can testify briefly why the marriage is irretrievably broken and that is sufficient. The “fault” or the reason the marriage became irretrievably broken, is usually not considered by the court, which can be frustrating for some spouses. Fault may be considered, however, under certain limited circumstances in a dissolution of marriage case. For example, in determining alimony, the equitable distribution of marital assets and debts, and the development of the parenting plan, the fault in causing the divorce or the bad acts of one or both spouses can be considered by the court.
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For spouses seeking alimony or spousal support or spouses who believe they should not be required to provide support, it is crucial to understand their rights. There are several legal elements the court must consider before it may award alimony or temporary support. The first step is speaking to an experienced attorney about the factors that determine spousal support and how they apply to you and your case. Click here to read more about Florida alimony law.
Business Owners in Divorce
The Spence Law Firm is committed to providing high-quality legal representation for those seeking an equitable division of assets in cases where business owners are involved in a divorce. Business owners in a divorcehave questions about the proper valuation of their businesses and the income attributed to them from the business. Our exceptional family law attorneys offer representation for those matters so that your rights can be protected in this complicated process!
Child support in Florida is based on a strict set of statutes and guidelines that are used to determine the appropriate amount of child support for the family. There is no analysis of actual costs or expenses incurred when raising your children though. Instead, the court looks at the parents’ respective incomes, the number of children and the timesharing plan in place, among other things.
Dividing property and liabilities in a divorce is one of the most complex, yet crucial, parts of any divorce. Is the property or debt marital or non-marital? Should it be divided equally or unequally? It’s important to have a lawyer on your side in the divorce who knows how to value the assets and debts at hand, can determine the extent of marital property and marital liabilities and make sure that our client receives their fair share pursuant to Florida law.
Setting up an appropriate timesharing plan as part of your divorce can be difficult and stressful. This can be even more complicated when the parents have no agreement on a timesharing plan at the time they separate. Florida law requires the court to analyze twenty-one separate legal points when determining a parenting plan for you child in a dissolution of marriage case.
An uncontested divorce give you and your spouse maximum control over the outcome. In an uncontested divorce, you and your spouse negotiate the outcome you want. The court is not involved in the negotiation, but instead, is only involved at the final hearing to enter a judgment you previously agreed to. You can use unusual timesharing schedules, creative cost sharing arrangements or include other items that optimize flexibility for your family. Find out more about how the lawyers at the Spence Law Firm can help your uncontested divorce go smoothly.
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