Navigating Divorce Proceedings in Hillsborough County

Going through a divorce is not the same as a simple breakup. It requires legally dissolving the marriage, which can bring challenges in property division, child custody (now called time-sharing), and financial support. Whether you are dealing with a contested or uncontested divorce, it’s an emotionally charged time. Many people don’t receive what they’re entitled to because they are unaware of their rights or lack a strong legal advocate on their side. Knowledge is power when it comes to divorce cases, and our legal team is here to ensure you understand your rights during divorce and how to protect your financial interests.

At Winthrop Law Offices, we have an experienced Florida family law team dedicated to serving you. We assist clients with both contested and uncontested divorces, as well as all related family law matters, including child custody (now called time-sharing) and alimony. We offer free consultations to those in Tampa, where you can meet with a member of our team to discuss your case. Take the first step by calling 813-413-7140 to set up a time to talk.

What Is the Difference Between a Contested and Uncontested Divorce?

Understanding the difference between contested and uncontested divorces can help you make the right choice for your family. The most important differences to be aware of include:

Whether the Parties Agree on All of the Divorce Terms

The main difference between a contested divorce and an uncontested divorce is whether the parties agree on all of the divorce terms. An uncontested divorce is when both spouses agree on major decisions, such as property division, child custody (now called time-sharing), and alimony. A contested divorce occurs when the spouses disagree on at least one of these terms.

In a contested divorce, the court may need to make the final decision regarding all of the terms of the divorce. However, it is also possible for the parties to agree on most of the terms and only need the court to decide the rest. For example, the parties may agree on alimony and property division but not be able to reach an agreement on child custody.

Amount of Time It Takes to Finalize the Divorce

For many clients, getting through the divorce process as quickly as possible is a top priority. While the amount of time a divorce will take depends on the unique circumstances involved, uncontested divorces are generally resolved more quickly than contested divorces. When the parties can agree on all of the terms, the case does not have to go to trial, which can save a significant amount of time.

Amount of Control the Parties Maintain Over the Outcome

The decisions made during a divorce can affect your financial future and your day-to-day life if you have children to co-parent for years. An uncontested divorce keeps those choices squarely in your and your soon-to-be-ex’s hands, so you do not have to worry about a judge who has only seen your family for a few hours in court making decisions about how much you get to see your children or what assets you walk away with.

What Are the Requirements to File for Divorce in Florida?

The legal process for filing for divorce in Florida is straightforward. There are no complicated grounds for divorce required, which means neither party needs to be found at fault to dissolve the marriage. To start the process, at least one party must have been a resident of Florida for at least 6 months, and the marriage must be “irretrievably broken.”

The law only requires one party to state that the marriage is irretrievably broken. It’s also possible to be granted a divorce if one spouse has been deemed mentally incapacitated by a court of law for at least three years before the divorce filing.

Once one spouse files the dissolution of marriage petition with the court, the other spouse will be served with the papers. The next step in this process is to fill out financial disclosures, where each party details their financial information, including income, assets, and debts.

What Happens During the Asset Division Process?

The Florida Statutes outline how marital property and assets are divided in the event of a divorce. In Florida, this is legally referred to as the dissolution of the marriage, and the law stipulates that all marital assets and liabilities are subject to equitable distribution. Many people become confused about this aspect of property division because they think that everything must be split exactly evenly, but that is not necessarily the case.

When making decisions about property division and who is entitled to what, the court can consider factors such as:

• How long the parties were married
• How each party contributed to the marriage, whether by bringing in income, caring for children, or providing services as a homemaker
• Whether either spouse contributed to the personal career or education opportunities and advancement of the other party

The law also states that the court can consider “any other factors necessary to do equity and justice between the parties.” The presence of a prenuptial or postnuptial agreement can also significantly affect how assets and liabilities are divided.

The asset division process typically begins with both parties providing a financial affidavit. This involves listing all of the assets and liabilities, including both marital and separate property. If there is any dispute between how these things should be categorized or their value, the court may need to decide.

If the parties can agree on how to divide the assets and liabilities, this process is relatively straightforward. The marital settlement agreement is presented to the court, and the judge makes it official. However, if the parties cannot agree, the case may need to go to trial.

When you are working through property division in a divorce, it is critical that you understand what you are legally entitled to and how the unique factors of your situation may come into play. For example, if one spouse wants to keep the marital home for the purpose of providing a residence for a dependent child, this can be a significant factor in the overall settlement. When you work with our attorneys, we’ll ensure you understand your rights and can help you work toward a fair and equitable settlement.

How Is Child Support and Child Custody (now called time-sharing) Handled?

If you and your spouse share minor children, child support and child custody (now called time-sharing) will be essential issues in your divorce. Florida uses statutory child support guidelines to determine who will pay whom and what the child support obligation will be, but there are cases where a deviation from those guidelines may be appropriate. If this applies to your situation, an attorney can walk you through how to ask for this and what evidence will be required.

Family law cases involving child custody (now called time-sharing)and parental responsibility are referred to as time-sharing, and parental responsibility in Florida is less cut and dried. Florida statutes still outline specific factors to consider when determining a time-sharing schedule, but it is a wide range, including everything from each parent’s ability to care for the child to the geographic viability of the parenting plan. In all of these cases, the best interests of the children are the most important evaluation criteria, amongst various other factors that the court will evaluate in arriving at a decision.

How Can You Protect Your Rights During the Divorce Process?

Protecting your rights during a divorce starts with knowing what those rights are. Talking with a Tampa divorce attorney as soon as you are even considering ending your marriage is essential to ensure you understand what you are entitled to and what the divorce process involves. An attorney will listen to your situation and concerns, inform you of your options, and help you map out a plan of action so you can move forward with confidence.

If your spouse is the one seeking a divorce and you’ve been served dissolution papers, it’s critical not to sign anything or make any agreements until you’ve had a chance to meet with an attorney. Misconceptions and myths abound in the family law space, and many people don’t realize that they were entitled to much more than they agreed to until it’s too late. An attorney can review any proposed settlement and make sure that it aligns with Florida marital and family law guidelines.

Respectful communication can make a big difference during a divorce. While it is not always easy to stay calm when you are dealing with a soon-to-be ex, keeping all communication in writing and making an effort to stay calm and professional can help protect your interests. A neutral tone reduces the risk of misunderstandings and helps prevent statements from being taken out of context or used against you later in the process. If domestic violence is a factor, your attorney can provide advice on how to navigate this issue, including whether a protective injunction is appropriate.

Work With Our Experienced Tampa Divorce Attorneys

Taking action quickly to protect your rights and interests and having the right legal representation on your side can significantly impact your divorce case and your financial future after the paperwork is finalized. At Winthrop Law Offices, our comprehensive family law practice is here to help you every step of the way. Call 813-413-7140 today to speak with one of our Tampa family law attorneys or find out more about our law firm.