Helping People Make Good Decisions During Divorce

The emotions surrounding divorce can lead you to take actions that may not be in your best interests. Whether it is a rash decision about custody or a drawn out fight over the marital assets, you want to avoid these situations when possible. An experienced and compassionate attorney can protect your interests by helping you focus on your goals: protecting your assets and your relationships with your children.

At Russell G. Marlowe, PA, you will find knowledgeable, caring legal counsel that will help you make sound, informed decisions throughout the process. Before you file, it’s important to consider alternatives, such as marriage counseling. If there is a way to save your marriage, I will point you to resources to help you do that. In addition, mediation is required in many Florida counties before you can file for divorce or for any motions related to divorce, such as child support or attorney fees.

Will You Pay Or Receive Alimony/Spousal Support?

In Florida, there are two types of alimony: permanent and durational. Durational alimony is alimony that typically lasts for as long as you were married. Conversely, the court may award permanent alimony, depending on the length of your marriage and other factors such as:

• If your marriage lasted less than seven years, there is no presumption for awarding permanent alimony.
• If you were married for seven to 17 years, it depends on the facts of your case.
• If you were married for over 17 years, there is a presumption for awarding alimony to the party with lower assets and earnings.

It is important to plan for divorce so you know how it will affect you financially. I can guide you through this process.

The Florida Divorce Process: What To Know

Beginning a divorce can seem overwhelming. The law is complex and is not meant to be taken on by one’s self. We can provide an overview of the process so that you understand what you are getting into. The steps include:

1. Filing a petition: A Florida divorce begins with one party filing a petition for marriage dissolution. You can do this in person at the courthouse or virtually, online.
2. Serving the petition: The filed petition must be officially delivered to the other spouse, known as serving the petition.
3. Response: The spouse who receives the petition has a set period to file a response. This addresses the requests made in the petition and may include counterclaims or additional requests.
4. Financial disclosure: Both parties disclose their financial information, including income, assets and debts.
5. Mediation: In many cases, the court will require mediation to help the couple resolve disputes. A neutral mediator facilitates discussions to reach agreements on property division and other issues.
6. Settlement or litigation: If the couple reaches an agreement during mediation, they submit a settlement to the court. If not, the case proceeds to trial, where a judge will make decisions.
7. Final judgment: The court issues a final judgment of dissolution of marriage once all matters are settled or decided. This legal document officially ends the marriage and outlines the terms of the divorce.

As a divorce lawyer, I have gone through divorce proceedings hundreds of times with clients in circumstances similar to yours. I know Florida divorce laws inside and out. I know exactly what to do, how to advocate for you and how to ensure no one takes advantage of your rights.

Finding Child Custody Solutions That Work

If you have children, child custody will be one of your biggest issues. If a child’s parents do not agree on a custody and parenting time arrangement, then a family law judge will issue one at a trial. The court considers factors, including:

• Each parent’s ability to provide for the child
• The child’s relationship with each parent
• The parents’ location of permanent residency
• The child’s involvement in school, religious activities and community activities
• The presence of substance abuse, domestic violence or severe mental illness

Once the court issues a divorce decree, it is rare to modify it, except in circumstances involving alimony, child custody or child support. If you need a post-decree modification, I can discuss whether it is appropriate and help you explore your options.

How Is Child Custody Determined In Florida Divorces?

Child custody in Florida is based on the child’s best interests. Courts consider factors, including:

• Parents’ financial stability
• The ability of each parent to care for a child
• The child’s relationship with each parent
• Willingness to support a positive relationship with the other parent

Judges tend to prefer shared parental responsibility, unless it is not in the child’s best interest. Whether you resolve custody privately or in court, you will need the advocacy of a family law attorney.

What Is The Difference Between A Contested And Uncontested Divorce In Florida?

A contested divorce in Florida involves disputes over key issues like asset division or custody, requiring more legal proceedings and potentially a trial. An uncontested divorce occurs when both parties agree on all terms, resulting in a quicker, less expensive process without extensive court involvement.

How Long Does A Divorce Take In Florida?

The duration of a divorce in Florida varies. An uncontested divorce can often be finalized in a few weeks to a few months. This process is quicker because it involves less court intervention. The presence of a prenuptial agreement or a postnuptial agreement can make uncontested divorces faster. Conversely, a contested divorce can take several months to over a year, especially if it goes to trial. Factors such as court schedules and negotiation willingness can affect the timeline, too.

Do I Need To Prove Fault To Get Divorced In Florida?

No, Florida is a no-fault divorce state. You do not need to prove wrongdoing; stating the marriage is irretrievably broken suffices. This simplifies the process, though fault might influence alimony decisions.

What Factors Determine Alimony Eligibility In Florida?

In Florida, several factors influence alimony eligibility. The court assesses the financial need of the spouse seeking support and the other spouse’s ability to pay. Considerations include the marriage’s duration, the standard of living during the marriage, and the age and health of each spouse. The court also examines each spouse’s financial resources, earning capacities and contributions to the marriage, such as homemaking and child-rearing.

Can I Modify My Alimony Payments After The Divorce Is Finalized?

Yes, alimony payments in Florida can be modified post-divorce if there is a substantial change in circumstances, such as a significant income change or employment status shift. To pursue a modification, a petition must be filed with the court, demonstrating the changed circumstances. The court will then evaluate the request based on the new information.

How Are Marital Assets Divided In Florida?

Florida uses equitable distribution to divide marital assets, meaning the division is fair but not necessarily equal. Factors considered include the length of the marriage, each spouse’s economic situation, contributions to the marriage and any misuse of marital assets. Assets acquired before the marriage or received as gifts or inheritance are typically not divided.

What Is The Mediation Requirement For Divorce In Florida?

In Florida, mediation is commonly required to help divorcing couples resolve issues amicably without court intervention. A neutral mediator assists the couple in negotiating agreements on matters like asset division, alimony and child custody. This process aims to promote communication and facilitate a settlement. If mediation fails, the case may go to trial.

Talk To A Divorce Attorney Who Will Explain Your Options

I take the time to clearly explain your options and your rights in divorce. If you leave a message or email me, you can typically expect me to reply within a day. With offices in New Port Richey and Lutz, I am able to serve people throughout Pasco and Hillsborough counties, as well as the surrounding counties. Please call 727-490-8877 or email me today for your initial consultation.