Residents of Winter Park, Florida, despite being surrounded by luscious natural beauty and museums that house remarkable artistic creations, are not immune to the pain and difficulty of divorce. Many who seek divorce here contact Orlando Family Team to discuss their options.
In some cases, negotiated settlements or mediated divorce may be less contentious and more cost-effective alternatives, while in some cases litigation is necessary. Contact our capable divorce attorneys to discuss which legal path is best in your case and to receive the effective, empathic legal representation you deserve.
Grounds for Divorce in Winter Park
Florida law considers only two legal grounds for divorce:
- The marriage is irretrievably broken
- One of the parties is mentally incapacitated
Since these grounds make it unnecessary to prove misconduct by either spouse, it might seem that divorce is a simple matter in Winter Park. The reality is, however, that if faced with the prospect of divorce you will still require an experienced divorce attorney to protect your interests. In most cases, even when a couple amicably agrees to part ways, emotions may run higher than expected when it comes down to specific details of the divorce agreement.
What Distinguishes Marital and Separate Property
In a divorce, only marital property must be divided between the spouses. Property that belonged to either spouse before the marriage, or was received by one individual as a personal gift, inheritance, or lawsuit settlement during the marriage, is considered separate.
Nonetheless, all property the couple has accumulated during the marriage is counted as marital property — the family home, other real estate, bank accounts, investments, retirement accounts, and businesses. Debts incurred during the marriage are also subject to Florida laws of equitable distribution.
It should be noted that even if one party owned the home before the marriage if the other spouse has been contributing to mortgage payments, upkeep, renovations, or refinancing, the home will usually be considered marital property.
There are often complications to the distribution of property at the time of divorce, prompted by:
- Commingled assets
- Concealed assets
- Existence of a prenuptial agreement
When such complications occur, it is essential to have a capable divorce attorney on your side.
How Spousal Maintenance Works in Winter Park
Although spousal maintenance (alimony) is no longer nearly as common as it was in the mid-1950s, the courts may still consider it necessary if:
- There is a substantial difference between the incomes of the two spouses
- One spouse is old and frail or suffering from a serious illness or disability
- The couple was married for a long time during which one spouse was primarily a homemaker and/or childcare provider
- One spouse supported the other during their education or career advancement and the supporting spouse never had a chance to receive higher education or job training
In some cases, spousal maintenance may be awarded temporarily to tide one spouse over while they receive the schooling/training to make them more employable.
There are also cases in which one spouse demands alimony out of laziness, greed, or vengeance. If you are being targeted in such a situation, our savvy divorce attorney will make certain you and your assets are protected from this unscrupulous behavior.
How Child Custody and Parenting Time Is Determined in Winter Park
In divorce, there is rarely an issue more troubling than child custody. At Orlando Family Team, we have extensive experience dealing with this convoluted issue while maintaining civil discourse. No matter what, we will make your child’s well-being our top priority.
We have in-depth knowledge of Florida law and clarity when it comes to protecting your child’s safety and comfort. We are also efficient with logistical matters and will make certain that we work with the restrictions of your schedule and take into account the distances between parental homes.
What Happens If There Are Accusations of Neglect or Abuse
Once you become our client, we will support you, whether you are fearful that your spouse’s false accusation may result in your being denied access to your child or frightened for your child’s safety. Remember, although we have well-honed diplomatic skills, we can be as aggressive as necessary when it comes to defending your rights and the rights of your child.
Child Support in Winter Park
In Florida, as throughout the country, both parents are legally obligated to support their children. Though in most cases, the parent with a higher income will be expected to pay child support to the other parent, the courts consider:
- Whether there is a joint or sole custody arrangement
- How many children each parent has
- Whether a child has special needs
At Orlando Family Team, we consider child support to be a crucial matter in any divorce. Whether you are the payor or the payee, your child must be provided with the resources to grow and thrive after the marital split. At the same time, we are committed to seeing that you are treated fairly during negotiations. If not, we are fully prepared to take your case to trial.
Divorce Mediation in Winter Park
If you and your spouse agree on most of the aspects of your divorce, mediation may be a practical alternative, saving all parties time and expense. Our legal team is well-versed in the mediation process. We have found that, when feasible, it can result in less stress and a divorce agreement that is acceptable to both spouses. Mediation can also serve to keep children calmer in the face of structural, physical, and emotional upheaval.
Since the mediator is a neutral party, each spouse should have their divorce attorney to look out for their interests. It is important to note that mediation is not appropriate in cases involving hidden finances, domestic abuse, or other criminal behavior.
Contact Our Experienced Winter Park Divorce Attorneys Today
Whatever your age or asset level, Orlando Family Team has the skill to handle your divorce constructively. Our attorneys have considerable experience dealing with high-net-worth divorces and divorces involving blended families, special needs children, abuse, and addiction. Whatever your unique circumstances, contact us now so we can help you navigate your divorce as smoothly as possible.