The decision to end a marriage may be emotionally difficult, and the process can be complicated and contentious. If you wish to end your marriage, or if you were served with divorce papers, you should retain a capable attorney to help you protect your interests. Felicia A. Bunbury at the FAB Law Firm is a seasoned Orlando divorce lawyer who is adept at helping Florida residents navigate the challenges of dissolving a marriage. Attorney Bunbury represents spouses in divorce actions in many areas of Florida.Requirements for Obtaining a Divorce in Florida
A party who wishes to obtain a divorce in Florida must first meet the residency requirements. In other words, either the party or the party’s spouse must have resided in Florida for at least six months before filing a petition for divorce. The divorce petition must allege either that the marriage is irreparably broken or that one of the spouses has been ruled to be mentally incapacitated, and the incapacitation has lasted for at least three years. After the petition is filed, it must be served on the responding spouse.
In cases in which the responding spouse does not deny an irreparable breakdown, the court will enter a judgment dissolving the marriage, as long as the parties do not have minor children. If the parties have minor children, or if one party disagrees as to whether the marriage can be saved, the court may order the parties to seek a consultation with a counselor, continue the proceedings so that the parties can reconcile, or take any other action as it sees fit. A divorce attorney in Orlando can guide you smoothly through this process. If the parties cannot agree on issues such as the division of property, child custody, and child and spousal support, they will exchange financial information and other evidence. This will ultimately be presented to the court at a hearing, after which the court will issue a ruling.
In some instances, a couple may be able to obtain a simplified dissolution of marriage. Specifically, they can file a simplified dissolution of marriage if they have no minor children, the wife is not pregnant, they agree regarding property division, and neither party is seeking alimony. They must also meet the residency requirement, and both parties must agree that the marriage cannot be saved.Property Division in Florida Divorces
In Florida, all marital assets and liabilities are subject to equitable distribution. In other words, marital property does not need to be divided equally between the divorcing spouses but will be divided in a manner that the court deems fair. Generally, marital property includes any property that either spouse acquires during the marriage, such as income and real property. Marital property does not include property that either spouse owned separately prior to the marriage, or property that has been deemed separate via a prenuptial or postnuptial agreement. An Orlando divorce attorney can help you present your position on how certain assets should be characterized.
In determining what constitutes a fair division of assets and liabilities, a court will assess numerous factors, including how long the marriage lasted, the contributions of each spouse to the marriage and to the career or education of the other spouse, and the economic situation of each spouse. The court may also consider whether it is desirable for either party to retain an asset independently, whether either party intentionally depleted marital assets after the divorce petition was filed, and any other relevant factors.Discuss Your Case With a Trusted Family Law Attorney
Ending a marriage can dramatically affect a person’s financial status, rights, and obligations. If you are contemplating a divorce, you should speak to an attorney to discuss your options. Felicia A. Bunbury at the FAB Law Firm is dedicated to helping her clients seek favorable solutions in divorce actions, and she will fight tirelessly on your behalf. You can contact our firm via our online form or at 800-322-9467 to set up a confidential and free consultation with a divorce lawyer in the Orlando area.