Orlando Divorce Lawyer
Helping Clients Navigate the Divorce Process in Florida Since 1993
At Longwell Lawyers, we have Orlando divorce attorneys that understand the emotional and financial impact a divorce can have on an individual’s life. This can be a time period in your life where you are questioning whether or not it is worth saving your marriage, if the situation is emotionally tolerable anymore, or if you are better off living with or without your spouse.
Our goal in representing our client is to try and ease this emotional process as much as possible, to protect our client financially, and to assist our client in improving their family lifestyle with a reasonable resolution. We are here to provide you with a truthful assessment of the possibilities involved in your situation, and as experienced family law attorneys, we prepare for our cases as if they were to be aggressively litigated, but in the best interest of our clients, always keeping in mind the opportunity to settle all matters fairly.
Grounds for Divorce / Dissolution of Marriage
The legal term in the State of Florida for divorce is Dissolution of Marriage. In the State of Florida, there are only two (2) requirements to obtain a Dissolution of Marriage: one person has been a resident in the State of Florida for six (6) months prior to filing the dissolution of marriage with the court and that one of the parties believes that the marriage is irretrievably broken. A Dissolution of Marriage is a judicial decree by which the bonds of marriage and the legal duties are dissolved.
Is Florida a No-Fault Divorce State?
The State of Florida is considered a “no-fault” state; either party may obtain a divorce, even if the other spouse does not consent to the divorce. In essence, there is no necessity to go into detail as to why there has been a break-down in the marriage, a vague statement to the court as to why the parties can no longer exist as a married couple is usually sufficient.
What Types of Divorce Are There in Florida?
There are two different types of divorces: An Uncontested Dissolution of Marriage and a Contested Dissolution of Marriage.
Uncontested Divorce
An uncontested dissolution of marriage is where the parties are in agreement in reference to the marriage being irretrievably broken and have resolved all other issues. An experienced Orlando divorce attorney can help you determine if you qualify for an uncontested dissolution of marriage, as there are specific requirements that must be met. In the event the parties are unable to qualify or reach an agreement for an uncontested dissolution of marriage, a contested divorce exists.
Requirements for an Uncontested Divorce
A married couple may file a petition for a “simplified dissolution” if:
- There are no minor children of the parties;
- There is not currently a pregnancy;
- The parties have made a satisfactory division of their property and debts; and
- At least one party has lived in Florida for the past six months before filing.
If you fall into this category, you may request simplified dissolution forms from the Clerk of Court in your county. The parties must file a joint petition and a marriage settlement agreement. In addition, both parties must file their own financial affidavit. Once these forms are completed, the matter will be set for a brief hearing and the court will issue a Final Judgment.
What is a Contested Divorce?
When the above circumstances do not apply, it is recommended that the parties consider representation by counsel. In those cases where representation is not affordable, many attempt to represent themselves “pro se” and attempt filing for or answering a divorce petition on their own. Some Clerks of Court have extensive pro se litigant programs which make every attempt to assist in unrepresented divorce actions. Depending on the county Clerk of Court program, forms and checklists are often available in the form of packets that are arranged according to the circumstances (i.e. children and no property; property and no children; etc.). Some county Bar or legal services associations offer free seminars wherein, if you are eligible, you may schedule to meet with a volunteer attorney to review your paperwork before filing.
When a contested divorce exists, then the typical issues that must be resolved are:
If there are any children that were born or adopted into the marriage, then:
- Child Custody
- Visitation
- Child Support
What are the Requirements For a Contested Divorce in Florida?
When filing for a divorce, the Petitioner must file all necessary pleadings and affidavits and will likely have the Respondent personally served with the same. The other party, the Respondent, must then file an Answer within twenty days after service. If the Respondent fails to file an Answer, the Petitioner may make a motion through the clerk of court for a Default and proceed to a final hearing. Most counties require that the parties attend a four or five-hour class dealing with children and divorce issues before setting a final hearing.
If an Answer is filed, the matter will often be set for a hearing to inform the Court as to the posture of the case and the status of discovery. One or both parties may have issues that must be addressed during the pendency of the proceedings such as child support, dissipation of assets, use and possession of the marital home, and the like. Such issues can be addressed at any time during the divorce and such temporary relief may be ordered by the Court.
After the dissolution of marriage has been filed with the court, but prior to trial, the parties can seek alternate dispute resolutions, and in most cases shall be ordered to attend mediation in order to try and resolve their issues amicably. Alternate Dispute Resolutions and Mediation can be helpful as: (1) they can be less expensive than litigating your case at trial; (2) there is less emotional stress involved; (3) provide a faster resolution, and; (4) they also can help preserve the relationship of the parties, especially when they have children in common.
Often divorce cases are referred to mediation. If mediation fails, the case may proceed toward trial.
