Divorce Lawyer in Orlando, Florida

If you’re facing a divorce in Orlando, Florida, you don’t have to go through this challenging process alone. At Reese Law Firm, we're dedicated to providing compassionate, strategic, and results-driven legal representation tailored to your unique needs. 

Whether you're dealing with custody issues, property division, or spousal support, Attorney Michael Reese is committed to protecting your interests and securing the best possible outcome for you and your family. With a deep understanding of Florida’s divorce laws and a reputation for excellence in family law matters, we’re here to help you through this difficult time.

What Are the Grounds for Divorce in Florida?

Florida is a "no-fault" divorce state, meaning that neither party has to prove fault or wrongdoing by the other to obtain a divorce. The two main grounds for divorce in Florida are:

• Irretrievable breakdown of the marriage: This is the most common reason for divorce in Florida. It simply means that the marriage has broken down to the point that reconciliation isn't possible. This ground doesn't require either party to provide specific evidence of marital misconduct or wrongdoing.

• Incapacity of one spouse: This ground is less commonly used and requires that one spouse has been declared mentally incapacitated by a court. If a person has been adjudicated as mentally incompetent for at least three years, their spouse may seek a divorce on these grounds.

Since Florida doesn't require fault to be proven in divorce cases, the process tends to be quicker and less contentious than in states with fault-based divorce systems. Of course, in order to file for divorce in Florida, one of the spouses must meet the state's residency requirements. 

What Are the Residency Requirements?

A person must have lived in Florida for at least six months before filing a petition for divorce. This requirement can be satisfied by either the petitioner (the person filing for divorce) or their spouse, but it must be proven in court before the rest of the divorce process can follow through.

What Is the Divorce Process in Florida?

Once you're ready to file, it’s important to have the right legal paperwork, so you can make sure everything is in order. To begin obtaining a divorce in Florida, you'll need to go through a few steps:

• Filing the petition: The divorce process begins when one spouse (the petitioner) files a "Petition for Dissolution of Marriage" with the family court. The petition must include information about the marriage, such as the date of marriage, the names of any minor children, and the relief being sought (such as property division, alimony, or child support).

• Serving the petition: After the petition is filed, the other spouse (the respondent) must be formally served with a copy of the petition and a summons. This assures that the respondent is aware of the divorce proceedings and has an opportunity to respond.

• Response and counter-petition: The respondent has 20 days to file a response to the petition, either agreeing or contesting the terms of the divorce. The respondent can also file a counter-petition if they wish to seek different terms than those proposed by the petitioner.

• Temporary orders: In cases involving children or urgent financial matters, either party may request temporary orders for child custody, child support, spousal support, or the division of property during the divorce process. These temporary orders are meant to maintain stability until the final divorce decree is issued.

• Discovery and mediation: During the divorce process, both parties will exchange financial information and other relevant documents through a process known as "discovery." If the divorce involves children or significant assets, the court may require mediation to help the parties reach an agreement on contested issues like custody, visitation, and division of property.

• Final hearing: If the parties reach an agreement, they can submit their agreement to the court for approval. If the parties can't reach an agreement, a final hearing will be scheduled where a judge will make decisions on all contested issues. At the hearing, both spouses present evidence and testify about the issues in dispute. The judge will then issue a final judgment of dissolution, which legally ends the marriage and outlines the terms of the divorce in Florida.

Now that you understand the overall divorce process in Florida, one of the most critical aspects to address is how your assets and property will be divided.

How Is Property Divided?

Florida is an equitable distribution state, meaning that marital property will be divided in a manner that's fair but not necessarily equal. Some of the factors considered when dividing property include:

• The length of the marriage: Longer marriages often result in a more equal distribution of assets, while shorter marriages may result in a more uneven distribution.

• The financial and non-financial contributions of each spouse: The court will consider both monetary contributions (e.g., income) and non-monetary contributions (e.g., homemaking or child-rearing) made by each spouse during the marriage.

• The economic circumstances of each spouse: The court may also consider the financial needs and earning capacities of each spouse.

Marital property includes all assets and debts acquired during the marriage, regardless of who holds the title or name on the accounts. Non-marital property (also known as separate property) is property acquired before the marriage or by inheritance or gift during the marriage. Property division may also be impacted by alimony.

How Is Alimony Determined?

Alimony is intended to provide financial assistance to a spouse who may be unable to support themselves after a divorce. Some of the most common types of alimony in Florida include:

• Temporary alimony: This is awarded during the divorce process to provide support while the case is pending.

• Bridge-the-Gap alimony: This is designed to help the recipient spouse transition from married life to single life. It's typically awarded for a short period and may not exceed two years.

• Rehabilitative alimony: This type of alimony is awarded to help the recipient spouse gain the education or training necessary to become self-supporting. It's usually time-limited and based on a specific plan.

• Durational alimony: This is awarded when permanent alimony isn't appropriate but long-term support is necessary. It's generally awarded for a set period of time, not exceeding the length of the marriage.

• Permanent alimony: This is the most traditional form of alimony and is awarded when the marriage was long-term (typically more than 17 years), and the recipient spouse is unable to support themselves or maintain a standard of living similar to that enjoyed during the marriage. In March 2023, Florida Family Law statutes were amended to eliminate permanent alimony.

The court will consider several factors when deciding whether to award alimony, including the length of the marriage, the standard of living during the marriage, the financial needs and ability to pay, and the contributions of each spouse. After addressing alimony, the next key consideration is determining child custody and child support.

How Is Child Custody and Child Support Determined?

Florida law prioritizes the best interests of the child when making decisions about child custody and child support. Attorney Michael Reese can help argue your case with experience and compassion, advocating for the best possible arrangement that prioritizes your children's well-being while protecting your rights as a parent.

Child Custody

Florida uses the term "parental responsibility" rather than "custody" to describe a parent's rights and responsibilities in regard to their child. 

The court can award either shared parental responsibility (where both parents share decision-making) or sole parental responsibility (where one parent has the sole right to make decisions about the child's welfare). 

Florida courts generally prefer shared parental responsibility unless one parent is deemed unfit due to issues like abuse or neglect.

Child Visitation

In cases where shared parental responsibility is awarded, the court will also develop a parenting plan that outlines the time-sharing arrangement (visitation schedule) for both parents.

Child Support

Florida has child support guidelines that are used to determine the amount of child support a parent must pay. These guidelines take into account the income of both parents, the number of children, and other factors such as health insurance, daycare expenses, and extraordinary medical costs. 

The Florida Child Support Guidelines are designed to help make sure that both parents contribute to the child's financial needs fairly and consistently.

Divorce law in Florida is designed to make sure that the dissolution of a marriage is handled as fairly and efficiently as possible, taking into account the needs of both parties and any children involved. Consulting with skilled family law attorney Michael Reese may help smooth the process.