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When you are considering a divorce in Orlando, Florida, the first step is to get some help from an experienced Orlando divorce attorney. Whether your divorce is a simple one or is more complex, the services of a qualified divorce attorney will make the process better and easier. While some people think that they don’t need to get a lawyer involved in their private matters, an experienced divorce attorney may be able to help resolve emotional issues more objectively, faster and easier. The divorce team at Katz & Phillips is devoted to providing high quality legal representation through all aspects of the divorce process. There are many issues that must be worked out in order to reach a settlement during a divorce.
The Process of Divorce
In Florida, as in many other states, you are able to file for no-fault divorce. No-fault divorce allows you to file for divorce without the need to place specific blame on the other party. There are two main types of divorce – the uncontested divorce and the contested divorce. In an uncontested divorce, both parties are in agreement over the main issues involved in the divorce settlement. If the parties cannot agree on these basic terms, the divorce becomes contested. A contested divorce will then likely be settled by a judge. The uncontested divorce is much faster and easier and can often be accomplished in just a few months. The contested divorce can take months or even years to resolve and as a result may potentially be much more costly.
Prenuptial and Postnuptial Agreements
A prenuptial agreement may be made prior to the marriage. Its purpose is to allow the parties to agree on the distribution of assets and other issues prior to the wedding taking place. The agreement can be quite complex and must be properly drafted in order to completely protected the parties involved. It is essential to have the agreement drawn up by an experienced attorney in the event of divorce. If you are going through a divorce and have an agreement in place, your attorney must be made aware of it and will assist you in every way possible.
Spousal Support
Spousal support, also called alimony, is the money that is provided from one spouse to the other after a divorce. There are three types of support to consider, including temporary support, permanent support, and rehabilitative support. Temporary support is money provided during the divorce process. Permanent support is supplied for a specific length of time after the divorce is finalized. Rehabilitative support is designed to help one party while he or she prepares to re-enter the work force.
Child Custody
Child custody is one of the most controversial issues involved in a divorce. There are two main types of child custody, including legal custody and physical custody. In Florida, the courts are prone to provide for joint custody. Joint custody is the shared parental responsibility of both parents. In many cases, child support is given to the custodial parent by the other parent. It is best to try to agree on the issue of child custody; however, if a decision cannot be made by those divorcing, the judge will make the decision. The court takes into account many factors, and is primarily interested in what is in the best interest of the child.
Collaborative Divorce
A collaborative divorce is one in which both parties work together to resolve the issues and come to an agreement. While it can be difficult to divide a household during a divorce, an experienced attorney can assist you in working through any unresolved issues to create a divorce that is easy and less stressful for all family members.
Contested Divorce
Divorce is never easy, but, in some cases, the parties cannot agree on even the most basic of issues. This leads to a contested divorce, which can be an expensive and time-consuming option (but one that is sometimes necessary). The main issues that often lead to a contested divorce include disagreement about such things as child support, child custody, visitation, alimony, and division of assets. In a contested divorce, the judge will make the decisions if the parties are unable to come to an agreement.
Domestic Violence
Domestic violence may occur during a marriage. When this is a factor in your divorce, you should seek the advice of an experienced Orlando divorce attorney. Your safety and the safety of your family are of the utmost importance and must be strongly considered. Whether you are the victim of domestic violence or are being accused of it, an attorney is necessary to assist you throughout the legal divorce process.
Court Order Enforcement
When a divorce is finalized, the court puts out an order. The order must be obeyed by both parties and is legally binding. It may provide for many things, including child custody, visitation, support, and alimony. When one party disregards the court order or fails to abide by it, the other party has the legal right to take him or her back to court. In this case, the party should have legal representation to champion his or her cause and work toward a resolution to the situation. The court will then review the case and make a determination. If support or alimony is unpaid, the court may order that the payments be taken directly from one’s paycheck. This is called wage garnishment.
High Net-Worth Divorce
When the divorcing parties have a large amount of property, money, or other assets, the divorce may be considered a high net-worth divorce. In this situation, it is imperative that you get legal representation from an experienced attorney. The issues must be resolved but should be done in a way that protects you in the best way possible. These cases can be difficult and may take a long time to resolve. A qualified lawyer will assist by providing mediation or negotiation when necessary to try to resolve the issues in an expedient manner.
Legal Separation
Before two people divorce, they may seek to live apart for a time. In Florida, the courts do not recognize a legal separation unless the parties are already actively seeking a divorce. Either way, there are some rights that you have as a divorcing or separating couple. If you are considering a separation or divorce, it is best to seek the advice of an Orlando divorce attorney. The attorney will provide you with the legal advice you need based on your particular situation.
Military Divorce
When one party in a marriage is an active member of the military, the divorce process may become more complex. There are specific laws that must be adhered to when one is seeking a divorce from someone in the military. The first step to an expedient divorce in this case is choosing a divorce attorney with experience working with military divorces. Whether you are in the military or your spouse is, in the military you need to follow specific rules in regards to going through the divorce process.
Custody Modification
Once a custody order is in place, it is considered complete. However, there are some issues that may arise that could cause you to seek modification of the custody agreement. In order to seek a modification to the custody agreement, you will need the legal representation of an experienced attorney. The attorney knows the laws regarding modification of orders and will prepare your case in the best possible way to present to the judge.
Support Modification
When a support agreement is put into place as part of the divorce, it is expected that the agreement will be followed. However, there are times when the terms of the original agreement need to be modified. For example, the cost of living may rise and a spouse may need additional money in order to cover living expenses. If one spouse loses his or her job, the order may need to be modified to lower the payments that can be made. A modification goes before the judge to be decided in court. You will need to be represented by an attorney with experience dealing with support modification agreements.
Division of Property
Of all the issues involved in a divorce, division of property is one of the most difficult to resolve. It is important to understand that property that was obtained during the marriage is considered marital property and will be subject to equal distribution between the two parties. When there is a great deal of property and a large number of assets to divide, the divorce can become complex. For this reason you need the legal assistance of an attorney to help you work through these issues and resolve them to your satisfaction.
Uncontested Divorce
An uncontested divorce is one in which the parties agree on the main issues of the divorce. Some of the most important issues include child support, child custody, visitation, division of assets, and alimony. An uncontested divorce is the easiest and fastest way to obtain a divorce in Florida. An attorney can assist you in resolving any items so that you can get an uncontested divorce. This type of divorce offers a gentle way for a family to proceed through the divorce process.
Child Visitation
Recent research shows that children thrive when they have access to both of their parents. Child visitation is one aspect of the divorce that must be resolved. Courts are most often apt to provide joint custody. When this isn’t possible, parties must agree to visitation when it comes to the children. The non-custodial parent has the right to specific visitation that is outlined in a legal order.
Legal Assistance in Divorce Issues in Orlando
When you are going through a divorce it is essential to seek legal guidance from an experienced divorce attorney. The Katz & Phillips Divorce Team is comprised of leading divorce attorneys and offers comprehensive legal expertise regarding all the issues involved in divorce.
Contact an experienced Orlando divorce attorney at Katz & Phillips to learn more about the divorce process in Florida.
