Filing for Divorce in Melbourne, FL
Let the Figueroa Law Group, P.A. Guide You Forward
Divorce can be a confusing, uncertain, and stressful time and the Figueroa Law Group, P.A. understands these issues. You want a divorce attorney in Melbourne, FL who will ensure that your legal rights are professionally defended and that the health and interests of your children are thoroughly protected. The Figueroa Law Group, P.A. can guide you through the stages of your divorce as a trustworthy legal adviser who is solution-focused.
Why do I need a Divorce Attorney in Florida?
Divorce is a difficult and emotional process, but having a good divorce lawyer can make all the difference. When choosing a divorce lawyer, it is important to look for someone who is experienced in the specific practice areas that are relevant to your case.
For example, if you have complex financial assets, you will want a lawyer who is skilled in real estate, estate planning and property division. If you have children, you will want a lawyer knowledgeable about child custody and support, parental rights and family law matter.
The Figueroa Law Group P.A. has divorce lawyers who are experts in all of these areas, and more. We will work diligently to protect your interests and get you the best possible outcome in your divorce.
If you are considering divorce, please contact our law office today for a free consultation. We would be happy to answer any questions you have and help you navigate this difficult time.
What is Divorce?
In the state of Florida, divorce is defined as the “dissolution of marriage” (Florida Statutes, Section 61.021). This means that the legal relationship between a husband and wife is ended, and they are no longer considered married in the eyes of the law.
Divorce can be granted for a variety of reasons, including adultery, abandonment, or mental incapacity. Once the divorce is finalized, both parties are free to remarry.
What Are Florida Grounds for Divorce?
If you’re considering divorce in the state of Florida, it’s important to understand the divorce process and what divorce grounds are required. In Florida law, divorce is classified as a no-fault divorce, meaning fault-finding is not required.
When filing for divorce, you must only state that your marriage is irretrievably broken. However, there are still some requirements that must be met in order to file for divorce.
At least one spouse must be a six-month Florida resident before filing for divorce. Additionally, a streamlined divorce is an option for couples without children and few assets.
This option involves less paperwork, court appearances, and negotiation time. To be eligible for a simple divorce, the following conditions must be met:
- No children under 18 (biological or adopted),
- The wife cannot be expecting,
- One spouse has lived in Florida for 6 months
- Both spouses split assets and obligations
- Both partners agree the marriage is over.
If you have any questions or concerns about divorce in Florida, it’s best to consult with an experienced attorney.
Putting Children First
Divorce is never an easy process, but when children are involved, it becomes even more complex. In Florida, the divorce process takes into consideration the best interests of the children.
This means that the court will focus on ensuring that the divorce does not have a negative impact on the children’s lives. The court will take into account factors such as the child’s relationship with each parent, the child’s home life, and the child’s educational and extracurricular activities.
By taking these factors into consideration, the court can ensure that the divorce does not adversely affect the children involved.
Handling All Types of Divorce
Divorce is something that no one likes to think about, but unfortunately, it is a reality for many couples. If you find yourself in the unfortunate position of needing to divorce your spouse, it is important to know that there is no one-size-fits-all approach. Each divorce case is unique, and therefore requires a unique approach.
Types of divorce
Uncontested divorce is the most common type of divorce in Florida. In an uncontested divorce, the parties have already agreed on all issues related to their divorce, including property division, child custody, and support.
A contested divorce occurs when the parties cannot agree on one or more of these issues.
A high net worth divorce is a divorce in which the parties have significant assets or income
Military divorce is a divorce in which one or both of the parties is active duty military personnel.
No matter what type of divorce you are facing, it is important to seek experienced legal representation to protect your rights and interests.
Gray divorce is a term used for divorce among couples over the age of 50.
Business Owners’ Divorce
In Florida, business owners divorce at high rates. The divorce process is different for business owners. They have to think about not just the standard things like custody and visitation but also how the divorce will impact their business.
Alimony, also called spousal support, is a financial payment made from one divorcee to another. In the state of Florida, divorce courts may order one ex-spouse to pay the other alimony if there is a significant difference in their income and earning potential. Alimony may be paid in regular installments or in a lump sum, and it can be terminated if either spouse remarries or either one of them passes away. Typically, the divorce court will consider the length of the marriage, each spouse’s age and health, their current income and earning potential, and whether either spouse contributed to the other’s education or career when making a decision about alimony.
Child Support and Custody
In the state of Florida, child support and custody are determined during divorce proceedings. Child support is the financial responsibility of both parents to provide for their child’s needs. On the other hand, Custody refers to which parent the child will live with. In most cases, custody is shared between the parents, and both have a say in major decision-making for the child. However, there are some instances where one parent may have sole custody. This is usually only awarded in cases of abuse or neglect. If you are going through a divorce in Florida, it is important to understand child support and custody laws to protect your rights as a parent.
The Divorce Process
Filing of Divorce Petition
In Florida, the process for divorce begins when one spouse files a petition with the court. The petition must notify at least one spouse meets the residency requirements for divorce in Florida, divorce grounds, and state-required statutory information. The residency requirements for divorce in Florida state that at least one spouse must dwell in the state for 3-12 months and in the filing county for 10 days to six month before filing the petition. The court must verify the parties’ domicile before accepting a divorce lawsuit. In Florida, the client may seek a no-fault divorce, which does not require citing a reason or putting blame.
Requesting for a Temporary Order
In the state of Florida, divorce proceedings can take up to six months. This can be a difficult wait for couples who have decided to divorce, especially if they are not on good terms. Luckily, the state allows for couples to request temporary orders during the divorce process. These orders can include child support, spousal support, and restraining orders. This allows for some level of stability during the divorce proceedings. Temporary orders are usually awarded quickly by the court, and are valid until the divorce is finalized or the court decides to change the orders. It is important to note that temporary orders can only be requested if both spouses agree to them.
In Florida, there are two types of temporary orders: status quo orders and property restraining orders. Status quo orders require the breadwinner to continue making payments on marital obligations, such as the mortgage and car payments. Property restraining orders prevent spouses from selling or giving away marital property during the divorce process. Both spouses must follow the terms of the restraining order or they may face penalties from the court. If you didn’t request a temporary order when you filed for divorce, you should do so immediately.
Serving your spouse as you await a response
In Florida, divorce law requires that the person who files the divorce petition (the “Petitioner”) must serve the other spouse (the “Respondent”) with divorce papers.
Once your spouse has been served, you must file a proof of service with the court. If you don’t properly serve your spouse or file a certificate of service, the judge can’t proceed with your divorce.
Serving your spouse can be easy if they agree to the divorce and sign an acknowledgment. However, some spouses, especially those who want to stay married or complicate the procedure, can be evasive or impede the process. If this is the case, it’s best to hire a professional who has experience serving difficult parties. With their help, you can ensure that your divorce papers are served correctly and that your divorce case can move forward.
The Respondent then has a set amount of time to file an answer to the divorce petition. If the Respondent does not file an answer, the court may grant a “default” judgment against them. This means that the Respondent will not have any legal recourse if they do not agree with the divorce or if there are any problems with the divorce process. The Respondent can also choose to challenge the grounds for divorce (if it is a fault divorce), the claims made in the divorce petition, or any other aspects of the divorce. No matter what the situation, divorce is always a difficult and stressful process.
Negotiate a settlement
Some tips for divorce settlements are to be respectful, stay on topic, be reasonable, and have an open mind. Negotiations can get heated, but remember that the other person is not the enemy. You will need to work with this person long after the divorce is final. It may be helpful to write down your goals for the divorce settlement before negotiations begin. This can help you stay focused on what is important to you. If you are having difficulty reaching an agreement, you may want to consult with an experienced attorney. In Florida, divorce mediation is required in most cases. Mediation is a process in which a neutral third party assists the parties in communicating and reaching an agreement. Mediation can save time and money during a divorce, so many clients choose it.
When divorce proceedings become heated and mediation fails to result in a resolution, some couples may feel their only option is to go to trial. However, divorce trials can be expensive, time-consuming, and stressful, and they often give the judge all the power to make decisions about important issues like child custody and property division. In contrast, negotiations and mediation allow the couple to maintain control over the outcome of their divorce and often result in more predictable results.
Finalizing the verdict
Divorce proceedings in Florida can take anywhere from a few months to over a year to complete. Once all the paperwork is filed and both parties have had their day in court, the judge will usually sign off on the divorce ruling, which is also known as the “order of dissolution.” This document officially ends the marriage and outlines things such as custody arrangements, parenting time schedules, child and spousal support payments, and how assets and debts will be divided between the two parties. If the divorce was negotiated between the husband and wife rather than decided by a judge, it is typically the job of the filing spouse’s lawyer to draft the divorce judgment. However, in cases where there was a divorce trial, it will be the judge who issues the final order
Choices of Mediation, Litigation and Collaborative Divorce
When it comes to divorce, there are a few different paths that couples can choose to take. In some cases, mediation or a collaborative divorce process may be successful in reaching an agreement between the two parties. However, when both parties are unable to reach agreeable terms, litigation may be the only option. Our divorce attorneys in Melbourne, Florida have a wealth of experience and knowledge of the law, which allows us to effectively fight for your rights in court. No matter what route you choose to take, we will be by your side every step of the way.
Call our Divorce Lawyer Now!
No one wants to face divorce, but if you find yourself in this difficult situation, it’s important to have a divorce or family lawyer on your side. The Figueroa Law Group, P.A. is here to help our clients or residents in the state of Florida through this tough time.
We understand the challenges you’re facing, and we’re here to help you through every step of the divorce process. We have the experience and knowledge you need to ensure that your rights are protected, and we’ll work tirelessly to help you reach a fair settlement.
Call our law firm today to schedule a consultation with our family law lawyer, and let us help you take the first step toward moving on with your life.