In general, the longer a couple has been married, the more complicated a divorce can become. There could be child custody concerns, a family business to divide and real estate issues to settle. It is important to know that Florida is a no-fault divorce state. Essentially this means that if your spouse has asked you for a divorce, it will be granted. To help you determine the parameters of the divorce agreement, you may wish to consult with an experienced divorce attorney.
Parenting encompasses a full range of emotions and experiences. There are the simple moments like learning to walk and fun-filled experiences such as a ride on Splash Mountain. There are also tense moments such as a premature birth or other medical emergency.
As parents, you want to be on the same page in terms of discipline and child-rearing. During a divorce when you are determining child custody, acting in agreement becomes even more important.
Two common types of child custody arrangements are:
- Shared legal and physical custody. The child or children spend roughly half of the time with each parent, and the parents make important child-rearing and medical decisions together.
- Shared legal custody and one primary physical custody parent. Parents share the legal decisions although the children live with one parent. The noncustodial parent has visitation rights.
An uncommon type of child custody arrangement would be for one parent to be the sole legal and custodial parent. This could happen if there were any instances of addiction or physical abuse on the part of the noncustodial parent. Even rarer is that one parent is denied all contact with the children.
A judge will make the child custody determination according to the best interests of the child or children.
Child Custody Modifications
After the divorce has been finalized and the parenting plan is in place, some life event may necessitate a change in the child custody arrangement. Events which could result in a change of child custody include:
- Loss of a job
- Change of job making travel a new requirement
- Medical condition of either parent or child
- Parent relocation
Both parents are assumed to be partially responsible for support of the child or the children from the marriage. The amount that each is financially responsible for will depend upon three factors:
- The net income of each parent
- The number of children
- The amount of time (number of days) the child or children spend with each parent
The state of Florida has a guideline chart which divorcing couples in Orlando can look at to gain a rough determination of a child support amount.
Division Of Property
One of the reasons people marry is to build a life together. When they divorce, the assets that have been built will need to be disassembled into two roughly equal portions – one portion for each spouse. The division of property in Florida is equitable, which isn’t necessarily the same as equal. One spouse may get slightly more of the assets if that spouse has been the primary childcare provider and the income-earning potential is unequal.
Occasionally the division of property can be quite complicated. For example, if the couple owns a business together, and neither can afford to buy the other party out of the business, how do they untangle the assets? In instances such as that, your divorce attorney could work with CPAs and other financial experts to develop an equitable post-divorce plan.
Other types of complicated financial issues include:
- Ownership of foreign assets
- Partners in a Limited Liability Partnership
- Owners of hard-to-sell assets (rare artwork, for example)
- Ownership of patents or intellectual property
- Underwater mortgages on Florida property
Florida is home to a number of military bases. If you are stationed in Florida, you may wonder if you are able to get a divorce in Florida, or if you need to go to the state in which you were married or some other location. The short answer is that if you meet the residency requirement for Florida, you can get a divorce in Florida.
There are just a few differences in a military divorce, compared to a civilian divorce, most of which are related to child custody issues. A skilled and experienced Orlando divorce attorney can assist you with these matters.
Domestic violence is a family law issue that can also be a criminal law issue. If you are the one who is a victim of domestic violence, or you fear for the safety of yourself and your children, you should seek immediate help. Violence is treated very seriously during divorce and can result in the loss of parenting privileges. Conversely, if you are being falsely accused of domestic violence, you should seek immediate legal assistance to protect your rights as a parent.
From a small business valuation, to developing a parenting plan for a special needs child, there are a number of issues which require the assistance of a skilled and experienced Orlando divorce attorney. When you’re in the midst of the emotional turmoil of a divorce, it may be difficult to see and think clearly. Helping you through this difficult time, and assisting you with the difficult decisions you’ll need to make, are two very important reasons to hire a divorce attorney.
How To Choose A Divorce Lawyer In Orlando
When selecting a divorce attorney, look for one with experience. You may not want to trust your future and that of your children to someone fresh out of law school. Look for someone who focuses his or her legal practice on divorce. This is not the time to turn your future over to a general practice attorney.
Look for someone who practices regularly in Orlando and Orange County. Although Florida laws should be applied uniformly throughout the state, there are always subtle differences in each courthouse. Look for an experienced attorney to find the results you desire.
If you are interested in talking to an Orlando divorce lawyer, fill out the form in order to set up a FREE divorce care review.