Orlando Divorce Attorney

How to Begin the Divorce Process? 

The process involves several crucial steps to ensure a smooth and legally compliant start. First, it is essential to consult an experienced divorce attorney to provide personalized legal advice and guide you through the specific requirements of your case. Next, gather all necessary financial documents, such as income statements, tax returns, and records of assets and debts, to prepare for the division of property and financial disclosures. 

Once you have a clear understanding of your legal rights and obligations, your attorney will file a petition for dissolution of marriage with the circuit court in the county where you or your spouse resides. This petition outlines the grounds for divorce — typically stating that the marriage is "irretrievably broken." After filing, the petition must be legally served to your spouse, who will then have an opportunity to respond. Throughout this process, your attorney will help you navigate any temporary orders for time sharing, child support, or spousal maintenance, all the while ensuring that your interests are protected from the outset.

Grounds For Divorce in Florida

In Florida, there are two primary grounds for divorce, formally known as the dissolution of marriage:

Irretrievably Broken Marriage: The most common ground for divorce in Florida is that the marriage is "irretrievably broken." This means that the relationship has deteriorated to the point where it cannot be repaired, and there is no reasonable chance of reconciliation. Florida is a no-fault divorce state, so neither spouse needs to prove any wrongdoing or fault, such as adultery or domestic violence, to obtain a divorce on this ground.

Mental Incapacity: The second ground for divorce in Florida is the mental incapacity of one of the spouses. To file for divorce on this basis, the incapacitated spouse must have been adjudged mentally incapacitated for at least three years prior to the filing of the divorce paperwork. This requires a formal legal determination of mental incapacity by a court.

These grounds provide a straightforward legal framework for couples seeking to dissolve their marriage, allowing them to focus on resolving other important issues such as asset division, child custody, and support.

Divorce Requirements

To file for divorce in Florida, at least one of the spouses must have been a resident of the state for at least six months prior to filing the petition. This residency requirement is crucial for establishing the court's jurisdiction over the divorce case. Proof of residency can be established through various means, such as a valid Florida driver's license, voter registration card, or other official documents.

Waiting Period

Florida does not have a mandatory waiting period after filing for divorce, but the overall process can take several months to complete. Complex divorce cases may take longer, particularly if there are high-value assets to distribute, parents cannot agree to a parenting plan, or arguing over irreconcilable differences and financial support go past the mediation stage. We have experience handling complex divorce cases and won’t give up fighting for what should be rightfully yours and what is best for your children.

What are the Types of Divorce in Florida?

In Florida, there are several types of divorce, each tailored to different circumstances and levels of agreement between the spouses. Understanding them can help you determine the best approach for your situation. Here are the primary types of divorce in Florida:

Simplified Dissolution of Marriage

This is a streamlined process available to couples who meet specific criteria. To qualify for a simplified dissolution of marriage, both spouses must:

• Agree that the marriage is irretrievably broken
• Have no minor or dependent children together, and the wife must not be pregnant
• Agree on the division of all property and debts
• Waive the right to alimony
• Be willing to attend the final divorce hearing together

This type of divorce is quicker and involves fewer divorce papers but it requires mutual agreement on all issues.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues, such as property division, child custody, child support, and alimony. This type of divorce is generally faster, less expensive, and less stressful than a contested divorce because it avoids lengthy court battles. The process involves filing a petition, submitting a marital settlement agreement, and attending a final hearing.

Contested Divorce

A contested divorce happens when the spouses cannot agree on one or more key issues. This type of divorce involves more complex legal proceedings, including discovery, mediation, and potentially a trial. Each spouse may present evidence and arguments to support their positions, and a judge will make the final decisions on disputed matters. Contested divorces can be time-consuming and costly due to the need for extensive legal representation and court involvement.

Default Divorce

A default divorce occurs when one spouse files for divorce, and the other spouse does not respond within the required time frame (typically 20 days after being served). In such cases, the court may grant the divorce by default, based on the petitioning spouse's terms. This type of divorce can be straightforward if the non-responding spouse is uncooperative or cannot be located.

Veliz Katz Law Will Support You Through Every Step of Your Orlando Divorce

Our law office is here to help. We represent clients throughout the entire process, from filing divorce papers in Orange County to when the judge signs the final decree.

Child Custody

We understand that child custody and visitation matters are not just a legal matter; they are among the most emotionally charged and critical issues that arise during a divorce. Our dedicated team of Central Florida attorneys is committed to helping parents navigate these complex legal waters with sensitivity and expertise. 

We work closely with our clients to develop custody arrangements that prioritize the best interests of the child while also respecting the rights and wishes of both parents. Whether you are seeking sole custody, joint custody, or need to establish a visitation schedule, we provide personalized legal strategies tailored to your unique situation. 

Our services include assistance with parenting plans, mediation, and, if necessary, robust representation in court to advocate for your parental rights. At every step, we aim to create a supportive and cooperative environment to minimize conflict and promote the well-being of your children.

Child Support

The amount of child support awarded is typically based on several factors, including the net income of both parents, the number of children, and the specific needs of the children. A child support attorney will guide clients through this calculation process, ensuring that all relevant financial information is accurately presented and considered.

Even after the divorce is final, judgment modification may be needed to change the terms of a court order or judgment related to divorce, child custody, child support, or alimony. These modifications are necessary when there has been a significant change in circumstances since the original order was issued.

Our approach to child support cases is not only focused on the legal aspects but also on the emotional well-being of our clients and their children. We understand the stress and anxiety that can accompany these cases, and we strive to provide compassionate and responsive support throughout the process. Our attorneys are always available to answer questions, provide updates, and help our clients feel informed and empowered.

Spousal Support

Our experienced divorce attorneys provide personalized guidance to help determine the appropriate type and amount of spousal support: temporary, rehabilitative, durational, or permanent. We carefully analyze factors such as the length of the marriage, the standard of living established during the marriage, and the financial resources and earning capacities of both parties. Our goal is to ensure a fair and equitable outcome that considers the needs and circumstances of our clients. 

Property Division 

Property division is a critical aspect of the divorce process in Florida as the state follows an equitable distribution model. This means that marital assets and liabilities are divided fairly, though not necessarily equally, between the spouses. 

Marital property includes assets and debts acquired during the marriage, while non-marital property typically consists of assets and debts acquired before the marriage or through inheritance or gift. Factors such as the length of the marriage, each spouse's financial situation, contributions to the marriage, and future needs are considered to ensure a just division. 

At Veliz Katz Law, our experienced divorce lawyers work diligently to achieve a fair distribution of property, protecting your financial interests and helping you move forward with confidence.

Paternity

Establishing paternity during a divorce is crucial for determining parental rights and responsibilities, including child custody, visitation, and support. In Florida, paternity can be established through various means, such as voluntary acknowledgment by both parents, genetic testing, or a court order. Confirming paternity ensures that the child's legal father is recognized, which is essential for securing the child's emotional and financial well-being. 

At Veliz Katz Law, our attorneys provide comprehensive support in navigating the paternity process, ensuring that your parental rights are protected and that the best interests of the child are prioritized.

Same-Sex Divorce

LGBT divorce involves unique legal and emotional challenges, particularly concerning issues like child custody, parental rights, and the division of assets. Despite marriage equality laws, same-sex couples may face complexities that differ from those of opposite-sex couples, such as establishing legal parentage or addressing property acquired before the nationwide recognition of same-sex marriage. 

At Veliz Katz Law, our divorce lawyers are dedicated to providing knowledgeable and compassionate legal support tailored to the specific needs of LGBT clients. The experienced attorneys at our law firm work diligently to ensure fair and equitable resolutions, protecting your rights and helping you navigate the divorce process with confidence.

Contact an Experienced Divorce lawyer in Orlando, FL for a Free Consultation

At Veliz Katz Law, we understand that divorce is not just a legal process but a deeply personal and emotional journey. Whether in a divorce or custody dispute, our experienced attorneys are dedicated to providing compassionate and effective legal support tailored to the unique needs of each client. From the initial consultation to the final resolution, we are committed to guiding our clients through every step of the divorce process with professionalism and empathy.

As pillars of the legal community, our Orlando divorce attorneys take the time to listen to our clients' concerns and goals, developing personalized strategies that align with their best interests. Whether you are facing a straightforward uncontested divorce or a complex contested case involving significant assets and custody disputes, we have the knowledge and expertise to advocate for your rights and achieve the best possible outcome.

If you are considering divorce or need immediate assistance with any family law matter, contact Veliz Katz Law today to schedule a free consultation. The right lawyer can make all the difference in family law cases. Let us help you navigate this challenging time and move forward with confidence and peace of mind.