Divorce FAQs

In Central Florida, as throughout the country, divorce can be an extremely stressful experience. Not only is divorce likely to be emotionally wrenching, it will no doubt alter living arrangements for at least one partner and will affect the finances of both. This is why divorce should not be undertaken without the guidance of a highly qualified divorce attorney with in-depth knowledge of Florida law as well as a history of success both in and out of the courtroom.

Orlando Family Law Team, founded by husband and wife team Andrew Nickolaou, Esq. and Ophelia Bernal-Mora, Esq., B.C.S., has a winning combination of outstanding credentials, extensive experience, and a well-earned reputation for empathy. Below is a sampling of questions you may have regarding divorce in Florida.

When Is Alimony Awarded?

Although alimony is not always part of the divorce process, in many cases one partner earns a considerably higher income than the other. In such situations, particularly if the lower wage earner has assumed the role of homemaker and childcare provider, the lower earning spouse may be awarded alimony to level the field. The goal is for both members of the couple to come away from the marriage being able to support themselves. Alimony may also be seriously considered if one member has supported the other financially while the other furthered educational or career goals. The court will also consider the duration of the marriage and the age and health of both parties when deciding whether alimony is necessary.

What Are The Advantages of Collaborative Divorce?

In a collaborative divorce, both spouses and their respective attorneys are working as partners rather than adversaries. The goal is for all to reach terms acceptable to both spouses in order to avoid the time-consuming, antagonistic, and expensive process of a courtroom battle. At the beginning of the collaborative divorce process all parties agree to focus on working toward an agreement, knowing that if they cannot reach a resolution, the stress and cost of divorce litigation will follow. The disadvantage of a collaborative divorce is that if this occurs, both spouses will have to start proceedings again with new attorneys.

What Makes High Net Worth Divorce Complicated?

The less property a couple owns, the simpler its division. If marital assets consist of a small bank account and furnishing for a rental apartment, it will not take long to make decisions regarding who gets what. On the other hand, in a high net worth divorce in which there are, potentially, extensive stock holdings, multiple businesses, a professional practice, many pieces of property, and several trust and/or retirement accounts, it is crucial for each spouse to work closely with a savvy divorce attorney in order to come out with the equitable distribution state law requires. It will take an experienced legal representative to distinguish marital assets from assets brought to the marriage and to prove whether debts are individually or maritally owed.

What Decisions Must Be Made If The Divorcing Couple Has Children?

As most of us are acutely aware, children often make the process of divorce more divisive as well as more painful. After all, “Who gets the boat?” is nowhere near as difficult a question as “Who gets the kids?” When parents divorce, many decisions concerning how the family will best function in the future become critical. These decisions may involve joint vs. sole custody, questionable paternitychild support and visitation arrangements, decisions regarding children’s medical care, education, and religious upbringing, whether one parent is unfit or incapacitated, and/or whether there has been any history of domestic violence or addiction during the marriage.

Are There Any Special Rules Associated With Military Divorce?

Yes, if you or your spouse are in the armed forces, it is essential that you have a divorce attorney who is familiar with the laws governing military divorce. For one thing, while a service member is on active duty a divorce proceeding may be postponed for up to 60 days. Also, there are federal laws governing such factors as child custody and support, alimony, and military benefits and pensions. It will take a well-schooled divorce attorney to disentangle federal laws related to military divorce from pertinent Florida state legislation. Which take precedence may depend on the length of the marriage and for how many years the marriage and the military service overlapped.

Under What Circumstances Can Alimony & Child Support Orders Be Modified?

Even assuming that divorce has ended in a satisfactory resolution, life changes can require alterations to divorce stipulations. Examples of such life changes include: illness of one ex-spouse or of a child, evidence of special needs or special talents of a child, termination of one ex-spouse’s employment, major change of income level of either ex-spouse, need for one ex-spouse to relocate, remarriage of one ex-spouse, hospitalization or incarceration of one ex-spouse. Since life is never static, it is wise to realize that you may need the help of your divorce lawyer in the future if modifications to your divorce agreement become necessary.

Orlando Family Law Team Is Committed to Your Cause

When you consult with Orlando Family Team, you can be sure that all of your questions concerning divorce and other family law matters will be answered. We are dedicated to protecting your best interests. The sooner you contact us, the sooner we can help you restore balance to your family and your life.