Divorce Lawyer Orlando Free Consultation – If you are involved in a divorce, The Wilson Law Firm can help. We represent people in the Orlando and Central Florida area in divorce cases. We understand the legal and emotional issues involved in divorce and can help you resolve your case.
If you are anticipating a divorce or already have a pending case, you should talk to an attorney today. Having a well-prepared plan and making wise decisions before your divorce begins can be critical to its successful resolution.
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Unfortunately, we see many cases where people have waited too long to speak with a lawyer. Only after making several mistakes do you finally decide to contact and retain a lawyer. This costs a lot more than if they had talked to and hired a divorce attorney in the first place.
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An experienced Orlando divorce attorney will be able to explain how the law applies to your situation and help you resolve your case effectively. If your case requires a hearing or trial, you’ll want to have an experienced Orlando divorce attorney on your side. An experienced divorce attorney will help you present your side of the case persuasively and effectively to the judge. This will help you get the best possible results for your situation.
Call us today to speak with an experienced Orlando divorce attorney. An Orlando divorce attorney can advise you about your legal rights so you understand how the law applies to your situation.
To obtain a dissolution of marriage, one of the parties must be a resident of Florida (except a member of the military) before filing the petition. However, being a Florida resident for only 6 months does not mean that a Florida court will be able to handle all of your dissolution issues. If one of the parties does not live in Florida or in another county, you should consult an attorney about where to file for divorce. For more information about residency requirements, talk to an Orlando divorce attorney today.
If the parties agree on all issues related to the divorce, a simple or uncontested settlement may be possible. This can avoid many steps involved in the dissolution process.
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If there are disputed issues, the divorce process begins with a petition for dissolution of marriage, along with other documents presented to the court clerk. These documents are then notified to the other party. After service, the other party must file an answer and, if necessary, a counterclaim within 20 days. The response must address each allegation and request in the petition. A copy of any documents you file must also be sent to the opposing party (or their attorney, if represented). If the defendant files a counterclaim with its answer, it must be served with an answer within 20 days.
It is important to note that the court may be limited in what it can do if the petition is not filed accurately. Additionally, courts may not deal with the sale of real estate such as the marital home without the number of apartments properly stated by Florida law. Talk to an Orlando divorce attorney today for more information about petitions and counterclaims.
In some cases, the parties can quickly reach an agreement on all issues related to the dissolution of their marriage. In these cases, the case can be resolved within a few weeks. Contested cases involve further litigation to resolve issues and reach agreement. When the parties cannot reach an agreement, a trial before a judge may be necessary. For more information about time frames for dissolution, talk to an Orlando divorce attorney today.
Each party has the right to ask the other party to provide financial affidavits and certain financial documents. In cases involving child support, a financial affidavit will be required by the court to calculate child support. Family Rule 12.285 provides a list of disclosure documents each party is entitled to receive. Additionally, in some cases, additional financial disclosures will be required. Lawyers use several methods to do this, including interrogatories, subpoenas, depositions, and subpoenas.
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In all divorce cases involving minor children, the court requires the parents to complete a 4-hour parenting class. It is in the best interest of the parties to take the course as early as possible in the divorce process. For more information about parenting classes, talk to an Orlando divorce attorney today.
Florida law provides for equitable division of marital property. Can I see now? This means that matrimonial property should be distributed fairly and equally between the parties. However, this does not mean that the property will be divided equally. In addition to marital assets, the court must determine how marital liabilities (debts) should be divided. The court must also divide any non-marital assets and liabilities. For more information about equitable distribution, speak with an Orlando divorce attorney today or visit the property and debt distribution page of our website.
If the parties are unable to agree on a time to share, the court will determine one for each child of the parties according to the best interests of the child. Factors the court may consider are set forth in Florida Statute 61.13. It is the public policy of this state to ensure that each minor child has frequent and continuous contact with both parents after the separation of the parents or the dissolution of the parties’ marriage. It also encourages parents to share the rights and responsibilities and joys of raising children. Visit the Curating/Timesharing page of our website for more information.
On July 1, 2023, Florida timesharing laws were changed. There is now a rebuttable presumption that the distribution of the minor child’s time is in the minor child’s best interest. To rebut this presumption, a party must show by a preponderance of the evidence that equal time is not in the best interests of the minor child. Unless time sharing is agreed upon by the parties and approved by the court.
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The court will determine parenting arrangements such as parenting, time sharing, school zoning district and access to records related to the child. The standard for making this determination is based on the best interests of the child as defined in Florida Statute 61.13. In some cases, the court may request a parenting evaluation or appoint a guardian ad litem or other professional to help make the decision.
Courts must approve a parenting plan that, at a minimum, describes in sufficient detail how the parents will share and be responsible for the daily tasks associated with raising the children. The planning agency must specify the amount of time the minor child will spend with each parent. It also specifies who will be responsible for any and all health care, school matters, other activities, and the methods and techniques the parents use to communicate with the child(ren). To learn more about some of the factors a court may consider regarding a parenting plan, speak with one of our Orlando divorce attorneys today or visit the parenting plan page of our website.
It is the responsibility of each party to support their children according to their needs and the financial capabilities of the parties. This obligation usually ends when the child(ren) turns eighteen and graduates from high school. In some cases involving special needs, child support may be extended beyond this date. In an initial determination of child support in a divorce case, the court has discretion to award child support up to the date on which the parties are no longer living together in the same household with the child. This application should not be more than 24 months from submission. For more information about child support, speak with an Orlando divorce attorney today or visit the child support page of our website.
In some cases, the court may award alimony in the form of a bridge, period, lump sum or restorative nature, or any combination of these types of allowances to one of the parties. The two main issues in maintenance cases are the need for maintenance and the ability to provide maintenance. When discussing the issue of alimony, length of marriage is also an important factor in the length of alimony. In Florida we have short-term marriages that are less than 10 years of marriage, medium-term marriages that are 10 to 20 years, and long-term marriages that are 20 or more years. For more information about alimony, talk to an Orlando divorce attorney today or visit our website page.
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As of July 1, 2023, Florida alimony law has changed and courts can no longer award permanent alimony in established cases.
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