Frequently Asked Questions

The Spence Law Firm is a family law practice in Orlando, FL focused on collaborative divorce for Central Florida clients who want to resolve their case without court battles. Collaborative divorce requires an attorney who understands both the legal process and the negotiation framework, and The Spence Law Firm brings that combination to clients across the Orlando area.

Collaborative divorce is a process where both spouses work with their own attorneys outside of court to reach a negotiated settlement, rather than having a judge decide the outcome. Unlike traditional litigation, it keeps decision-making in the hands of the couple, which typically results in less conflict, lower costs, and faster resolution.

Yes, The Spence Law Firm serves clients in Orlando and the surrounding Central Florida region. Whether you are in the city or in a neighboring community, the firm can guide you through the collaborative divorce process under Florida law.

Both spouses retain their own collaborative-trained attorneys and sign a participation agreement committing to resolve the divorce outside of court. The parties then meet in a series of structured sessions to negotiate issues like asset division, parenting plans, and support, with both attorneys present to advise and keep discussions on track.

Collaborative divorce can address all major divorce issues, including division of marital assets and debts, alimony, child custody and parenting plans, and child support. Because the process is flexible, couples can bring in neutral financial specialists or mental health professionals when needed to help resolve specific issues.

Collaborative divorce is often especially well-suited for couples with children because it prioritizes respectful communication and cooperative problem-solving over adversarial tactics. This approach makes it easier to build a workable parenting plan and tends to reduce the emotional impact on children during the transition.

Collaborative divorce generally moves faster than contested litigation because the timeline is driven by the parties' own negotiations rather than court scheduling. While every case is different, avoiding court hearings and trials typically means a shorter overall process from start to finalized agreement.

Collaborative divorce is a distinct legal process that requires specific training and a commitment to non-adversarial resolution — it is not simply a less-contentious version of standard litigation. Working with an Orlando family law attorney who focuses on collaborative practice means you get representation from someone who understands the process deeply and is invested in helping it succeed.

Collaborative divorce is a structured legal process where both spouses agree to resolve their separation outside of court, working with their attorneys and neutral specialists to reach a settlement. Each spouse retains their own attorney, and all parties sign a participation agreement committing to honest negotiation. The process concludes when both sides reach a written agreement that a judge then approves.

Collaborative divorce and uncontested divorce are both court-free options, but they differ in structure and support. In an uncontested divorce, spouses typically agree on terms before attorneys are heavily involved, while collaborative divorce uses a formal team-based process — including attorneys and often financial or mental health neutrals — to help spouses reach those agreements when they cannot do so entirely on their own.

Disagreements during collaborative divorce are normal and expected — that is precisely what the structured negotiation process is designed to address. Your attorneys and any neutral specialists guide both sides through the conflict using interest-based negotiation, helping you find solutions tied to each party's actual priorities rather than positional demands. Most impasses can be resolved without abandoning the collaborative framework.

Florida courts determine child custody — called time-sharing — based on the best interests of the child. Judges weigh factors like each parent's involvement, the child's relationship with each parent, and each party's ability to support a healthy co-parenting arrangement. A written parenting plan is required in all cases.

Florida courts consider the length of the marriage, each spouse's financial resources, earning capacity, contributions to the marriage, and the standard of living established during the marriage. Alimony can be temporary, bridge-the-gap, rehabilitative, or durational depending on the circumstances of the case.

Yes, a prenuptial agreement is generally enforceable in Florida if both parties signed it voluntarily, with full financial disclosure, and without duress. Agreements that are procedurally unfair or signed under pressure may be challenged in court, so having an attorney review the document before signing is strongly advisable.

A Florida court can modify a child custody or support order when there has been a substantial, material, and unanticipated change in circumstances since the original order was entered. Common triggers include a significant income change, relocation, or a shift in the child's needs or living situation.

Paternity in Florida can be established voluntarily through a signed acknowledgment at birth, through an administrative process with the Florida Department of Revenue, or by court order following genetic testing. Establishing paternity is the essential first step for unmarried fathers seeking custody, time-sharing, or child support rights.

Yes, Florida law does not favor either parent based on gender. Fathers have the same legal standing as mothers when it comes to time-sharing and parental responsibility. Courts focus entirely on the best interests of the child, meaning an actively involved father can pursue — and often secure — substantial or equal time-sharing.

An annulment is a legal declaration that a marriage was void or voidable from the start, as if it never legally existed. In Florida, grounds can include fraud, bigamy, mental incapacity, or duress at the time of the marriage. Unlike divorce, annulment requires proving a specific defect in the marriage's formation.

Florida law requires a parent with a time-sharing agreement to obtain either written consent from the other parent or court approval before relocating more than 50 miles from the current residence. The relocating parent must demonstrate the move serves the child's best interests, not just the parent's own convenience.

A business owned by one or both spouses is treated as a marital asset to the extent it grew in value during the marriage. Florida courts use equitable distribution, which aims for fairness rather than a strict 50/50 split. Business valuation typically requires a forensic accountant or financial expert to assess goodwill and cash flow.

When a party fails to comply with a family court order — such as missing child support payments or violating a parenting plan — the other party can file a motion for enforcement or contempt. Florida courts have the authority to impose penalties, including fines, modification of orders, or in serious cases, incarceration.