Advocating for and Guiding Clients Through the Divorce Process

Dissolution of your marriage can be an extremely difficult time in your life, fraught with anxiety and depression. At Winthrop Law Offices, P.A., our goal is to make the divorce process run as smoothly as possible so you can move on with your life. You can feel confident in the knowledge that you are being represented by experienced litigators who are passionate about obtaining the best results possible. Our practice ensures each of our clients has two Florida divorce attorneys assigned to their case to ensure no stone is left unturned or angle missed when it comes to developing the best strategy for their circumstances. 

Deciding to end a marriage isn’t easy, but it can often be the right path forward for everyone involved. If you’re ready to learn more about the divorce process in Florida and what you can do to protect your rights and interests, contact Winthrop Law Offices at (561) 209-0410. We’ll discuss your concerns, answer your questions, and ensure you’re aware of all of your options.

What Family Law Issues Must Be Dealt With During Divorce?

Various family law matters must be addressed during the entire divorce process. Which issues are part of your case largely depend on whether you have children.

Property Division

The division of the assets and liabilities is the one thing that is common to all divorce cases in Florida. Other than legally dissolving the marriage so the parties are free to remarry, it is one of the most prominent issues in a divorce case. Property division guidelines in Florida follow the equitable distribution principle, which means that the assets and liabilities should be split between the parties in a way that is fair and equitable. This doesn’t necessarily mean an exactly equal split, and several factors can be considered by the courts when determining what is fair. It’s also possible for the parties to agree on a settlement they believe is fair without requiring court intervention.

Alimony (Spousal Support)

Alimony payments may be reasonable, depending on the length of the marriage and the financial situations of both parties. A prenuptial or postnuptial agreement may specify whether alimony payments will be made, how they will be calculated, and which party will make the payments.

Child Custody (now called time-sharing)

Child custody, also known as timesharing in Florida, is one of the most contentious issues that family courts address. If the parties aren’t able to agree on the terms of a parenting plan, it can lead to a contested divorce. Florida has a rebuttable presumption that equal time sharing is in the best interests of the children. This means that, in most cases, the parents will split the time with the children 50/50. However, the parents can agree to deviate from this, or there may be exceptional or other circumstances that show that this would not be in the best interests of the children, in which case, different arrangements may be made.

Child Support

If the parties to a divorce share minor children, child support must be determined. In most cases, the court will follow the statutory guidelines, which take into account factors such as each party’s income and how much time they spend with the children. If you’re concerned about how paying or receiving child support could affect your financial future, an attorney can help you understand what to expect.

Contested Divorce in Florida

At its essence, a contested divorce is the dissolution of a marriage wherein the parties to the marriage cannot agree on the divorce terms. When this occurs, the contested issues must be presented before a judge, and the judge will make a ruling that is binding on the parties.

When you and your spouse cannot agree on the terms of an impending divorce, your choice of which Florida divorce attorneys will represent you is pivotal. It is imperative that you seek experienced litigators with a methodical, comprehensive, tried-and-true approach to the divorce process. Our firm will make certain you are well-versed on your options and all possible outcomes of your case. We will strategize to provide you with the best representation possible while considering your time and resources.

What Issues Are Addressed in a Contested Divorce?

A contested divorce can mean that a judge needs to decide on just one thing or every issue.

Common issues we see that may require a contested divorce often include:

• Division of marital property
• Division of marital debt
• Division of assets
• Paternity
• Child support
• Child custody (legally referred to as parental responsibility) and time sharing (visitation)
• Alimony

The decisions reached by the judge will be based on Florida law, which is very intricate and specific. Every case is different, and the judge must look at specific criteria and factors when making determinations about these issues. Working with an attorney ensures you have someone who can present your case, respond to any arguments from the other party, and help you navigate this process.

What to Expect in a Contested Divorce

A contested divorce can be challenging, but having an attorney you trust on your side can make things easier and less stressful. While all contested divorces are unique, there are basic steps that occur in each of them. 

Petition for Dissolution of Marriage

The spouse seeking the divorce is known as the petitioner, and their attorney will prepare a Summons and Petition for Dissolution of Marriage, which will then be filed and served on the other spouse (respondent). The respondent then has 20 days to file their Answer to the Petition. At this point in the process, we know what the general issues are and the position of each party. If the respondent was served correctly but failed to respond, they can be held in default, and the divorce can proceed without their involvement.

Discovery Process

When the respondent does file an Answer, the discovery process is usually the next undertaking. Each party must release to the other information relevant to a proper settlement of the contested issues. This may include financial statements as well as business and property financials. It can also include witness statements, interrogatories, and depositions. The discovery process can be brief, or it can be drawn out. It depends on the number of assets and debt the parties have accumulated, the parties’ respective income levels, and their cooperation with the process.

Mediation

Mediation is a process wherein a third party (a neutral mediator) meets with you, your attorney, your spouse, your spouse’s attorney, and attempts to settle the contested matters. All, none, or some of the issues may be resolved through mediation. When all is not resolved, it is necessary to go before a judge to have the issues heard and a judgment rendered.

Trial

During the trial phase, both parties will have an opportunity to present their case before the judge. This may include evidence as well as witness testimony. After presenting their cases, each attorney will be allowed to present a closing argument. The judge will then render the final decision.

Uncontested Divorce in Florida

It is always in the parties’ best interest to settle the terms of a divorce between themselves. In addition to allowing both parties to control the terms of the divorce, it also saves time and capital. In an uncontested divorce, all issues such as child custody (time sharing), child support, property division, debt division, and alimony are agreed upon by the parties without judicial interference.

Do You Still Need a Florida Divorce Lawyer for an Uncontested Divorce Case?

Many married couples feel that as long as their divorce is uncontested, they should be able to safely proceed without being represented by a Florida divorce lawyer. However, this is not a good idea, as divorce law is very complex, and proceeding pro se can cause significant issues that a non-lawyer is unable to foresee.

The following are several reasons why proceeding unrepresented is not recommended by our Florida divorce attorneys.

• Exclusion of Key Topics: While most people remember to include the significant issues, such as child custody (time sharing) and property division, other items are commonly missed. For example, who gets to claim the child(ren) on their taxes? Who is responsible for ensuring the minor child(ren) has health insurance? An attorney well-versed in divorce law will make certain all viable topics are addressed.
• Post-Judgment Modifications: It is much more expedient and less costly to correctly identify and settle issues on the front end of a divorce. Once the agreed-upon terms have been ordered, a post-judgment modification (a supplemental petition for modification) must be filed to modify its terms. This can be a drawn-out and expensive process.

Simplified Dissolution of Marriage

One type of uncontested divorce in Florida is called a “simplified dissolution of marriage.

” Pursuant to Fla.Fam.Law.R.P. 12.105, a simplified dissolution of marriage is appropriate only when the following conditions are met:

• Both parties must agree to the simplified dissolution of marriage process.
• At least one of the parties must have lived in the state of Florida for a minimum of six months.
• The wife must not be pregnant.
• The parties must not have any minor or dependent children together.
• The wife must not have any minor or dependent children born during the marriage.
• There is no alimony involved.
• There are no marital assets or liabilities requiring a division.
• Both parties agree to the terms of the divorce.
• Both parties agree that the marriage is irretrievably broken.

This type of divorce can be finalized in as little as 30 days, but it does terminate both parties’ rights to a trial or appeal. 

Skilled Florida Divorce Attorneys Will Advocate for You

No matter your circumstances, you need astute guidance and representation from experienced counsel when you are going through a divorce. The legal professionals at Winthrop Law Offices, P.A., are dedicated to assisting you in obtaining the best results possible for your particular circumstances. We are Florida divorce attorneys who care. Call (561) 209-0410 today.