Ensuring Clients Understand What to Expect as They Navigate Divorce Issues

Divorce often forces people to make potentially life-altering decisions quickly, and it’s normal to feel overwhelmed or uncertain about what to do first. At Winthrop Law Offices, we’re here to make this process easier by providing legal guidance, compassionate representation, and a deep understanding of the Broward County court system.

If you’re ready to legally end your marriage, the attorneys at Winthrop Law Offices can guide you through the process. We have helped numerous clients in Fort Lauderdale and the surrounding areas through the dissolution of marriage, and we are familiar with the common roadblocks and how to overcome them. Call our office at (561) 209-0410 to schedule a consultation and learn more about how our firm works.

What Is the First Step in the Divorce Process?

The first step in the divorce process is for one party to file the divorce petition. In Florida, this is referred to as a petition for dissolution of marriage. Florida law doesn’t require any specific grounds for divorce, meaning you can get a “no-fault” divorce, but it does require at least one spouse to have been a Florida resident for at least six months before filing the petition. The spouse who files the petition must testify that the marriage is “irretrievably broken,” which means that there is no hope for reconciliation.

While filing a petition for dissolution of marriage is the first step in getting a divorce, it’s also the beginning of what is often a lengthy process. Once the petition has been filed, the other party has to be served by the court and given the opportunity to respond to the petition. Depending on what needs to be settled as part of the divorce, it can take several months to over a year to finalize a dissolution of marriage. Couples who don’t have any children and are able to agree on the property division and financial terms are generally able to get through the process more quickly than those who may need to address more complex matters, such as parental responsibility and time-sharing.

If you’re considering divorce, it’s essential to talk with a Fort Lauderdale divorce lawyer before you file your initial petition. They can help you understand the process this kicks off and ensure you know your rights and what you’re entitled to under Florida law. An attorney can also file the petition for you to ensure that it includes all of the necessary information to avoid delays.

What Happens If Both Parties Don’t Agree in Divorce Cases?

Ending a marriage involves many different family law matters, from property divisions and alimony to child custody (now called time-sharing) and child support. When the parties can agree on all of the terms, it’s known as an uncontested divorce. These spouses draw up a marital settlement agreement and file it with the court. As long as the agreement is in line with the laws, the judge generally makes it an official order and grants a judgment of dissolution. When the parties aren’t able to agree, things get a bit more complicated.

When there is at least one matter that the parties can’t agree on, it’s called a contested divorce. In many cases, these disputes can be resolved through mediation. Mediation is a dispute resolution method in which a neutral third-party mediator helps the parties come to a mutual agreement. Both parties have their own legal representation throughout this process, but the focus is on compromise and moving forward. If mediation is successful, the agreement is submitted to the judge and made an official order. If mediation is unsuccessful, the case proceeds to trial. Both parties will present their arguments before the judge, and the judge will make the final decision.

Does Florida Have Specific Requirements for Divorce?

As noted above, the only requirements to file for dissolution of marriage in Florida are that the marriage be irretrievably broken and that at least one party be a resident of Florida for six months. However, there are specific matters that are required to be addressed and decided as part of a divorce. All divorce proceedings in Florida must address property division. This includes determining what is marital property and what is separate property, and how the marital assets and liabilities will be divided.

If there are minor children involved, parental responsibility, time-sharing, and child support must be determined. Parental responsibility is Florida’s term for decision-making. Child custody is now referred to as time-sharing. Florida’s statutes have a rebuttable presumption that equal time-sharing is in the best interests of the children, so this means that many divorces involving children end up with equal time-sharing and additionally shared parental responsibility. However, this isn’t a guarantee. It’s always important for parents to have legal support from an experienced attorney when navigating these issues.

Will Spousal Support or Child Support Be a Factor?

It’s essential to understand how divorce proceedings will affect your finances as you move forward, and both child support and spousal support can be significant factors in this. If the divorcing spouses have minor children together, determining child support will automatically be part of the proceedings. Florida uses statutory child support guidelines to determine the amount of child support and which parent will pay or receive child support. If you have exceptional circumstances, it may be possible for your attorney to request a deviation from the standard child support amount if it would be in the best interests of the children.

Spousal support, referred to as alimony in Florida, is another family law issue that is often contentious. Legal conflicts around this matter are common, and it’s essential to understand what to expect. Whether alimony is awarded and the amount of the payments depends on several factors, including the length of the marriage and the income and earning potential of both spouses. If the court decides to award alimony to one party, the payments can be either a lump sum or periodic installments. An experienced divorce lawyer can review your case and provide more specific information about whether you may pay or receive alimony and how that could impact the rest of your case.

What Are the Guidelines for Property Division Under Family Law?

Florida law requires that there be an equitable distribution of the marital property, which includes both assets and liabilities. While equitable only means that the distribution needs to be fair based on the facts of the case, there is a presumption that the distribution should be equal unless there are specific reasons to deviate.

When making this determination, the court looks at several factors, including:

• How long the marriage lasted
• To what capacity each spouse contributed to the household, whether that was by bringing in income or providing services as a homemaker
• The income and earning capacity of both parties
• Any intentional depletion or misuse of marital property

The law also allows the court to consider any other factor that is necessary to ensure an equitable distribution, which means the judge has a certain amount of discretion when it comes to property division. The best thing you can do to protect your interests and ensure a fair settlement is to ensure you have experienced and knowledgeable legal representation.

When Should You Talk to a Broward County Divorce Attorney?

It’s never too early to talk to an attorney about your situation and get advice about your case. Many people wait until they’re already in the middle of a legal battle to get help, but meeting with an attorney early on in the process can make the process smoother and increase your chances of a positive outcome.

The first step is to schedule a meeting with an attorney to discuss your case and what you’re hoping to get out of your divorce. Your goals and priorities help shape your case and the strategy involved. Contact Winthrop Law Offices by calling (561) 209-0410.