Orlando Divorce Attorney Advises You with Strength and Compassion
Helping you move through family conflict and get on with your new life
Although more than fifty percent of marriages end in divorce these days, people don't really plan for the end of their marriage and the breakup of their family. When you are facing divorce, you are already mired in confusion and emotional and financial turmoil. At a time like this, you can take comfort in knowing that we at The Glicken Law Firm are on your side. We will make sure that you have a clear understanding of how your case is being handled, and we will advocate for your interests as you work toward creating a new life after the divorce is final.
What are the two basic forms of divorce in Florida?
In Florida, there are two basic forms of divorce: regular dissolution of marriage and simplified dissolution of marriage. The regular dissolution of marriage can be either contested or uncontested. However, the simplified dissolution of marriage can only transpire if it is uncontested.
Regular Dissolution of Marriage
This process begins with a petition for the dissolution of the marriage. For an uncontested divorce, each party submits financial records to the court. If there are children, a child support guideline worksheet must be completed and submitted. The couple must then come to an agreement on how they will divide their assets and debts, how they will co-parent the children, and any other arrangements that must be made in dividing their lives. Once all the issues are worked out and agreed to, the couple will appear at the final hearing with a judge who will make a ruling on the settlement agreement. The divorce will then become final on the date the judge declares.
In a contested divorce, if the couple is unable to come to an agreement, they each retain attorneys and take the matter to court. The judge makes the final decision on the issues the couple was unable to agree upon.
If you are contemplating a complex, high asset divorce with many homes and business interests, we at The Glicken Law firm have experience in handling complex divorce matters with discretion and integrity that can help you.
Simplified Dissolution of Marriage
This is primarily an uncontested divorce where the couple has no minor children, neither party is seeking alimony, and each couple agrees on every aspect of the division of assets and debts. If both parties agree they want a divorce, they agree on all the terms, they are prepared to file all the required documents properly and on time, and they are willing to appear before a judge for a final ruling, they can get a simplified dissolution of marriage.
What is involved in the divorce process in Florida?
Florida is a no-fault divorce state, which means that there does not have to be any kind of fault or misbehavior on anyone's part. A couple simply must prove irreconcilable differences, or that their marriage is "irretrievably broken" , and then either spouse can file for dissolution of the marriage.
There are several issues involved in the divorce process. These issues will vary depending on how long a couple has been married, how many assets and liabilities they have accumulated as a couple, if one of the partners is contesting the divorce, and whether or not they have minor children.
- Division of Assets and Debts / Equitable Distribution: Florida law applies the principle of equitable distribution to the division of assets in the dissolution of marriage. The term "equitable" means fair, but it does not mean equal in every case. When a marriage is breaking up, the couple can create a list of marital property and non-marital property. This list will be used in determining equitable distribution.
- Spousal Support / Alimony: When it comes to making a ruling on if either spouse will receive alimony, how much will be paid, and for how long, the courts consider many factors. However, in deciding if to award alimony, the courts consider every factor necessary to make sure that there is equity and justice between the parties.
- Child Custody and Parenting Time (Visitation): Child custody laws in Florida are designed to protect the best interest of the child. There are many different kinds of child custody arrangements in Florida from sole physical custody with the co-parent having visitation, joint physical custody and rotating physical custody. Your family law attorney will help you and your former spouse agree on a parenting plan that will accommodate the needs and concerns of everyone involved.
- Child Support: Both parents of a child are legally obligated to support their children financially until they reach the age of 18, get married, join the military or become emancipated. Child support payments are calculated by the court in accordance with standard child support guidelines determined by the state of Florida. At The Glicken Law Firm we can help you make sure the amount of child support that you must pay or will receive is accurate according to the state guidelines and your current circumstances.
- Divorce and Relocation: Sometimes moving on with your life after divorce can actually mean moving to another city. When a custodial parent wants to move more than 50 miles away that parent must notify the non-custodial parent of those plans and both must all come to an agreement. If the parents are unable to come to an agreement, a judge will hold a hearing to determine if this move is in the best interests of the child.
Whether contested or uncontested, divorce is never an easy process. That's why we at The Glicken Law Firm are here to support you as you move through this difficult time in your life. Attorney David Scott Glicken has 35 years of legal experience, and he is prepared to be a strong advocate for your rights.
Contact an Orlando divorce attorney today to schedule a consultation
No one really wins in a divorce case, but you want to walk away knowing that you made the right choices and got what you need to move on with your life with dignity and respect. At The Glicken Law Firm we work toward getting you the best results possible given your situation. Call us today at (407) 648-5400 or contact us online to schedule a free consultation to discuss your case.