Orlando Divorce Lawyers
Do you live in the Orlando, Florida area and are enduring difficult issues at home? These can include family law issues such as divorce, child custody, child support and alimony/spousal support. If so, you need the help of a skilled Orlando divorce lawyers as you have rights, and financial interests, that need to be protected.
If you are contemplating filing for divorce, or have been served divorce papers in Orange County, FL call Lyons Law at (407) 476-3437. Orlando family law attorney Meg Lyons has many years experience handling domestic law and family law issues in Orange County, Florida. She serves those in need of family law help in the greater Orlando and Daytona Beach areas which includes Brevard County, Lake County, Orange County, Polk County, Seminole County and Volusia County, Florida.
Florida Divorce Statistics
According to recent studies, in the state of Florida the average divorce rate hovers around 5%. This statistic holds true for all parts of Florida including the Orlando metropolitan area. For Orange County, Florida residents a divorce, which is also referred to as a dissolution of a marriage, is never an ideal situation for those involved including the spouses, children and other family members. Family law issues such as divorce child and spousal support can evoke feelings of pain, anguish, resentment and other hurtful emotional issues for the adults as well as the children. In the unfortunate event of a marital separation or divorce in the Orlando area it is important that you speak with the Orlando divorce lawyers at Lyons Law regarding your rights.
Divorce Lawyers Serving The Entire Orlando Area
Call the Orlando divorce lawyers at Ms. Lyons office if you need any of the following:
Orlando Florida Divorce Lawyers
Divorce Attorneys Orlando FL
Orange County Divorce Lawyers
Orlando Marriage Dissolution Attorneys
Orlando Divorce Lawyers
Types Of Divorce In Florida
The state of Florida recognizes two types of divorce. This first is a “simplified dissolution of marriage,” which is also called a simplified divorce.” The second is a “regular dissolution of marriage.”
For either type of divorce, you must first show:
- the parties are married
- one spouse has resided in Florida for six months before filing for divorce, and
- the marriage is irretrievably broken (this means there is nothing the husband and wife or the court can do to fix the marriage).
All divorce cases, regardless of type, are handled in the Circuit Court division of the Florida court system.
Simplified Dissolution of Marriage
With a simplified divorce in Florida, the divorcing couple asks the court for the divorce (both spouses are referred to as the “petitioners”). This type of divorce may be easily handled without the help of a lawyer.
In addition to the above requirements, you may only seek this type of divorce if you meet the following:
- there must be no minor children from the marriage
- the wife must not be pregnant at the time of filing
- both spouses must complete a “Financial Affidavit” (written declaration regarding property and finances) and a “property settlement agreement” (an agreement that settles all property issues), even if you and your spouse have no property, and
- both spouses are required to attend the final divorce hearing.
If you want to seek this type of divorce, you should contact the clerk of court where you or your spouse live for more information and copies of the forms you will need to file.
Regular Dissolution of Marriage
A “regular dissolution of marriage” (sometimes called a “regular divorce”) may be either an “uncontested divorce” or a “contested divorce.” In either case one, only one spouse asks the court for the divorce – this spouse is the “petitioner”. The other spouse is called the “respondent.”
After showing proper residence in Florida and that the marriage is irretrievably broken, the petitioner spouse will file for divorce with the clerk of court and have the papers “served” (delivered) to the respondent spouse. The respondent spouse is then required to file a written answer to the papers with the clerk of court.
With an uncontested divorce, both spouses must have all issues related to marital property, marital debts, and issues relating minor children from the marriage settled in a signed “marital settlement agreement” (also called a divorce settlement). Both spouses must also complete a financial affidavit within 45 days of serving the divorce paperwork, even if you and spouse have no property. Finally, both spouses must attend the final divorce hearing.
In a “contested divorce” on the other hand, spouses can’t or won’t agree on the division of marital property, marital debt and/or issues involving minor children from the marriage. After one spouse files divorce papers and the other spouse answers the papers, both will go to trial in front of a judge, who will decide all issues in their case. The petitioner spouse must attend the final hearing or trial. If you need this type of divorce, you should seek the assistance of a lawyer.
You are not required to have a lawyer to get a divorce in Florida. However, if you have questions about your case, or you and your spouse do not agree on the divorce, then you need to talk to a lawyer.
You may also want to consult a lawyer to review your documents before you move forward. The court is not allowed to answer questions about your case or to give advice about your rights. If you move forward without knowing your rights, you might lose important property or child custody rights forever.
Grounds For Divorce In Florida
According to Florida divorce laws the state of Florida is a no-fault divorce state. This means that you cannot claim that your spouse’s actions, behavior or wrongdoing was what ultimately caused the divorce. Under Florida divorce law, many divorces have to do with the fact that the parties have irreconcilable differences, These differences, whatever they may be, are what led to the breakdown of the marriage. Despite being a no-fault state in some Florida divorces fault may be considered by the court as a factor in dividing property or awarding alimony.
Legal Separation In Florida
Legal separation is not recognized in the State of Florida. However, the courts do have provisions addressing spousal and child support, custody and visitation unconnected with a dissolution action. A spouse who is living separate from his/her spouse and minor child can get court judgment of obligation to maintain his/her spouse and child(ren), if any. The court will hear and settle his/her financial obligations to the spouse and child and establish a parenting plan for them.
Division Of Marital Property And Debt In Florida Divorces
Every state is the country is designated as 1 of 2 types when it comes to dividing marital property and debt: community property or equitable distribution. Florida is an equitable distribution state although equitable does not necessarily mean totally equal. The courts have the ultimate say in terms of which spouse gets what marital debt and property. Factors that come into play can be length of marriage, each spouses financial situation, contribution of either spouses to the education or career of the other and financial liabilities acquired by either spouse.
Other Issues In A Florida Divorce
Aside from the division of property and debt in a Florida divorce there are other issues that need to be addressed and handled by an experienced divorce attorney. These can be issues such as child custody, child support and alimony/spousal support. It is important that you have rights, emotional interests and financial interests when divorcing. In order to protect these interests you need the help of a skilled and experienced Orlando family law attorney.
Call An Orlando Divorce Lawyer
Even when it is amicable, dissolving a marriage is never pleasant. The Orlando divorce attorneys at Lyons Law want you to know that you do not have to face this alone. Call their Orlando family law office at (407) 476-3437 today to schedule a consultation and discuss your rights in the Florida divorce process.