Divorce always involves elements of disappointment and regret, but it does not have to be adversarial. At Orlando Family Team, our Orange County divorce attorneys are well-positioned to help clients move smoothly through an amicable divorce. In addition to having well-honed legal skills, our lawyers are fair-minded and diplomatic. We will protect your best interests while keeping your divorce proceedings friendly and conciliatory.
We all know that tension can run high when divorce negotiations touch on common sticking points, such as visitation (parenting time). Fortunately, the divorce attorneys at Orlando Family Team are experienced with amicable divorce proceedings. We have the skill set and in-depth understanding to relate to your spouse as well as to you and therefore are able to set a tone of peaceful cooperation.
Defining Amicable Divorce in Orange County
Calling an uncontested divorce “amicable” takes it to another level, indicating that the two spouses involved are both ready to participate in full disclosure of assets and have already basically agreed on terms of asset distribution, spousal and child support, and child custody arrangements.
It might seem that such individuals have already taken care of all divorce matters, but that is never the case. They each need a knowledgeable, trustworthy divorce attorney to help them navigate the details, an attorney who understands that avoiding tension and dispute is a primary goal.
How Orange County Attorneys Deal With the Issues of an Amicable Divorce
Our amicable divorce attorneys know how to guide divorcing spouses toward compromise regarding the following issues:
Division of Property
Spouses who wish to keep their divorce amicable must agree to divide their marital assets fairly. Florida state law stipulates that all marital property — e.g. real estate, bank accounts, investments, retirement accounts, and debts — must follow the rule of “equitable distribution,” meaning that trade-offs may be made and that the division of marital property must be fair but need not be split 50-50.
Spousal Maintenance (Alimony)
In many cases, spousal maintenance may not be necessary if both spouses have been wage earners during the marriage. Nonetheless, there are circumstances in which the two may agree that one is deserving of either temporary support while they educate or train to prepare for a job or for a specified period of time while raising young children. With the help of sympathetic amicable divorce lawyers, they may also agree that an older or disabled spouse deserves a permanent stipend (until death or remarriage).
In most amicable divorce arrangements, spouses are likely to agree on joint custody. Nonetheless, there are plenty of cases in which such an arrangement is not workable because of work schedules or school locations. If this is true in your case, our attorneys will help to create a child custody agreement that will give the noncustodial parent generous amounts of visitation to create a comfortable balance in parenting time.
Whether child support is decided by the court or during an amicable divorce negotiation, a basic formula is followed that takes into account:
- Combined parental income
- Number of children
- Parenting time with each parent
- Additional expenses (e.g. for a special needs child)
Although in most cases, a couple going through an amicable divorce can agree on a reasonable support amount, it is essential for each spouse to have an attorney since an objective party may pinpoint inequalities that neither spouse has noticed by simply asking the right questions. For example, if one parent has been paying for all school or clothing expenses, it has to be established that if this protocol continues to be followed, the other spouse will have to take over another comparable expense.
Advantages of an Orange County Amicable Divorce
Though you may not realize it now, an amicable divorce can be a gift. First of all, the process will be less time-consuming and less costly than a contested divorce, since the latter will no doubt include all kinds of attorney fees to cover the preparation of motions, court conferences, depositions, and a hearing or trial. Second, a divorce that goes to court is likely to take a year or longer to finalize. In contrast, an amicable divorce may be completed within a few months, without extra fees, and with a minimum of emotional turbulence.
Amicable Divorce Is Not Always an Option
Nonetheless, even if spouses would like to take the easier, less confrontational path, an amicable divorce is not possible if the case involves:
- Alcohol or drug abuse
- Domestic violence
- Physical, emotional, or sexual abuse of a child
If the health and well-being of a family member is in potential danger, the court will step in.
Even Amicable Divorce Is No Fun
Let’s not downplay the pain and disorientation of any divorce, especially one involving children. It is a good idea to consult with one of our well-respected attorneys before you decide which type of divorce process will work best for you and your family. We are well-versed in all kinds of divorce procedures, including divorce mediation and collaborative divorce, so why not discuss the issues and personalities facing you so that we can help you make the best decision?
Contact Our Orange County Amicable Divorce Attorneys Today
Talking to a legal professional is a fine way to clear your mind relative to the subject of divorce. Contact one of our experienced amicable divorce attorneys now. Help us to understand your particular family dynamics so that we can assist you in moving forward with less stress and more clarity.