Some of the significant issues and decisions that need to be addressed in a Divorce are:
- Asset and debt division
- Spousal support
- Child support
- Custody and visitation in a parenting plan,
- Property division
- Injunctions
- Marital and non-marital assets
- Other matters
Uncontested Divorce
To qualify for an Uncontested Divorce in Florida, you must meet the following Conditions:
- There are no minor or dependent children
- A spouse is not pregnant
- At least one of the parties has resided in Florida for the past six months
- Both parties are in agreement with the division of assets and debts
- Neither party is seeking spousal support
- The marriage is irretrievably broken.
Contested Divorces
An uncontested divorce can quickly become contested if a conflict arises. Contested divorces are common due to the complexities of the lifestyles of families today. High-conflict divorces are fundamentally adversarial. When there is a history of domestic violence, a spouse may seek an injunction or “protective” order against the opposing spouse. It is necessary for their safety and the children’s well-being. Domestic abuse will factor into the custody and visitation schedule in the parenting plan. The process of a contested divorce begins when one party files a Petition for Dissolution of Marriage.
Equitable Distribution
There is a period of discovery when both parties gather and submit documentation regarding marital and non-marital assets and debts. Examples are property, income, stocks, business financials, inheritances, and more. Financial disclosure is one of the most critical factors in a divorce. The court will decide on a fair and reasonable distribution of assets, liabilities, and properties from that information.
As experienced family law attorneys, Downer Law can investigate hidden assets and under-reported incomes of the opposing spouse. For high asset marriages, the valuation of assets and debts is critical in settling a divorce. As needed, we have resources such as property appraisers and forensic accountants. While a divorce is pending, we can seek temporary orders from the court for spousal support, child support, custody, and visitation. Temporary support will help the lower-earning spouse to remain financially stable until the divorce is finalized.
Mediation
Florida requires mandatory mediation for contested divorce cases. During mediation, the divorcing couple has the opportunity to resolve conflicts. It gives them some control of the outcome of the divorce instead of the judge making the decisions for them. Each couple will present their issues to a third-party Florida Supreme Court mediator to facilitate communication. If the couple is unable to reach an agreement, the judge will determine the outcome.
Downer Law is an experienced and compassionate Law Firm
We are your voice and advocate for every aspect of divorce and related matters, such as paternity, parental relocation, post-judgment modifications, and enforcement. We work collaboratively with our clients to reach a settlement that best represents and achieves their goals. At our law firm, we value long-term relationships with our clients as they rebuild their families for a brighter future. We represent clients in Volusia, Seminole, and Orange Counties, Florida.