Winter Park Divorce Attorney
Florida Divorce Lawyer Serving Winter Park Clients
When you are considering divorce in Florida, it is important to learn more about how the divorce process works and how a Winter Park divorce attorney can assist with your case. Divorce cases can be complicated and contentious, even when you are not expecting your spouse to disagree about certain financial aspects or matters of child custody. An experienced divorce lawyer can ensure that the court considers your needs when distributing marital property and determining whether alimony is appropriate.
Handling Divorce Cases in Winter Park
Our firm assists clients with many different types of legal issues arising out of divorce, including but not limited to the following:
- Filing a petition for the dissolution of marriage;
- Determining how property should be classified (as marital or non-marital/separate property);
- Dealing with complex property division questions;
- Child custody and time-sharing;
- Child support;
- Same-sex divorce issues;
- Enforcing premarital or postnuptial agreements in your divorce;
- Negotiating a divorce settlement; and
- Modifications to divorce orders or judgments.
Requirements for Divorce in Winter Park
Under the Florida Statutes, Florida is a “no fault” state in terms of divorce. In other words, you do not need to show that one of the parties was at fault. Instead, the court only needs to find that the marriage is “irretrievably broken.” The following are the additional requirements to be eligible for a divorce in Winter Park:
- Either you or your spouse must have been a resident of Florida for at least six months prior to filing for divorce; and
- You (or your spouse) must file a petition for the dissolution of marriage.
Depending upon the specific facts of your case, the court can quickly determine that the marriage is irretrievably broken and enter a judgment for the dissolution of marriage, or the court can require additional steps for the divorce to occur. For example, if there are minor children from the marriage, the court may require the parties to see a counselor, a psychologist, or a religious figure. The court also has the discretion to take other actions that it considers to be in the best interests of the child or children.
Property Division in a Winter Park Divorce
In a Florida divorce, marital property is divided according to the theory of “equitable distribution.” The court looks at a number of different factors to determine how a division of marital assets and debts would be fair to both of the parties. In some rare cases, an equitable distribution of marital property ends up being an equal or 50-50 split, but it is important to understand that “equitable” does not mean “equal.” Instead, “equitable” refers to a division of property that is fair or just under the parties’ circumstances.
Separate or non-marital property is not divided. Separate property usually includes any property the spouses acquired prior to the date of marriage, as well as certain property gifted to only one of the spouses during the marriage.
Contact a Winter Park Divorce Lawyer
You should not have to go through the difficult process of divorce on your own when an experienced and compassionate Winter Park divorce attorney can assist you. Contact The Troum Law Firm, P.A. to begin working with a dedicated family lawyer on your case.