Florida divorce laws outline the rules and procedures for seeking a divorce in this state. The formal legal name for a Florida divorce is “Dissolution of Marriage.” Every state has its own laws about the grounds needed to obtain a divorce. Florida is a “no-fault” state, meaning that, under Florida divorce laws, you do not need to prove cause or “fault” to obtain a divorce. A court can issue a divorce judgment if a spouse swears under oath in court that the marriage is “irretrievably broken.”
Our firm handles two types of divorces: Uncontested Dissolution of Marriage and Contested Dissolution of Marriage. An uncontested dissolution of marriage occurs when you or your spouse agree on all the issues concerning your divorce. The uncontested divorce process usually takes less time to complete and is less expensive since you and your spouse have already agreed to all the terms.
If you and your spouse cannot agree on all of the terms of your divorce, you must proceed with a contested divorce case. A contested dissolution of marriage is a more drawn out and formal procedure and requires more paperwork. Many times the issues are still resolved short of an actual trial through mediation and later approved by the judge. If the conflict is not resolved prior to trial, the case will be resolved by a judge at a trial; where you and your witnesses will testify and your spouse and his/her witnesses will testify. The judge will also look at documents and other exhibits at the trial. There are no jury trials in Florida family courts.
Seeking the early advice of a qualified Florida divorce attorney is essential to protecting your legal interests, particularly in a contested divorce. Many times an experienced Florida divorce lawyer can help you settle the outstanding issues without the need for either mediation or a divorce trial. While Florida divorce laws have changed to make dissolution of marriage easier to obtain, various and sometimes complicated matters must be handled to process the divorce.
Florida divorce laws are designed to help divorcing couples resolve such issues as alimony, property distribution, child custody, child support, visitation rights, relocation of the children, the marital home, debt division, domestic violence, and more. To ensure your legal interests are protected it is important to seek legal counsel from a qualified attorney who is familiar with Florida divorce laws.
Florida is an “equitable distribution” state, which assumes that all property be distributed fairly among the spouses. However, equitable does not always mean equal. During the divorce process, the Court will look at a number of factors before making any decisions regarding property distribution, spousal support, or child support. The relevant factors may include, but are not limited to: the length of the marriage, the contribution by each spouse to the marriage, including the care and education of the children, the economic situation of the parties, what is in the best interest for the children, and more.
If you are in the process of a divorce, it is important to seek the assistance of a qualified Florida divorce attorney. Divorces can be a very stressful matter and much is at stake. An experienced Florida divorce attorney can help you understand Florida divorce laws, draft your paperwork, provide legal advice, and help protect and maximize your legal interests. Please contact us today to speak with a qualified divorce attorney, free of charge, or to learn more about Florida divorce laws. We are here to answer your questions and help you during this stressful time in your life.
The Chartered Law Offices of Troum & Wallsh is conveniently located one block from Interstate 4 on Lee Road in Winter Park, Florida. The lawyers are licensed in all Florida state courts. The firm frequently handles family law cases in Orange, Seminole, Osceola, Lake, Marion, Volusia and Brevard Counties and has on occasion handled cases outside of central Florida.
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Chartered Law Offices of
Troum & Wallsh
2450 Maitland Center Pkwy #303
Maitland, FL. 32751
Ph: (866) 433-1087
Fx: (407) 644-5511