Orlando, Florida Divorce Guide
If you are considering getting divorced in Orlando, Florida, there are a variety of things you and your former spouse will need to consider as you make the legal and emotional decision to end your marriage. It is easy to get overwhelmed with all the steps you and your spouse will need to take in the weeks and months ahead. For example, not only will you need to file for divorce, but you’ll also need to make decisions about how to divide property, divide retirement accounts, and make decisions about child custody. It can be helpful to have a divorce lawyer on your side as you navigate the legal questions that can arise with divorce in Florida. The Aikin Family Law Group are divorce lawyers in Orlando, Florida who can help you navigate the unique challenges that can arise as you go through the divorce process. Here is a guide to the basic things you and your spouse will need to consider as you navigate your divorce.
Filing Divorce Paperwork in Orlando, Florida
In order to file for divorce in Florida, you and your spouse will need to file paperwork with the courts. If you and your spouse have no children, the wife is not pregnant, and there is no alimony being sought, then you and your partner may qualify for a simplified dissolution of marriage. In order to file for a simplified dissolution of marriage, you and your spouse must agree to the terms of the divorce, meaning that by the time you submit paperwork, you and your spouse should be in complete agreement about division of assets, property, and debts. While it is possible to file for a simplified dissolution of marriage without the assistance of a lawyer, it may still be wise to speak to a divorce lawyer like The Aikin Family Law Group in Orlando, Florida. Why? Once you submit all your paperwork and your divorce is finalized, you give up important rights, including the right to seek financial disclosures from your former partner and the right to dispute the settlement. One way to protect yourself is to speak to an attorney before you file any paperwork. This can help protect you from surrendering important rights.
If you have children, disagree about the terms of your divorce, or are seeking alimony, you won’t qualify for a simplified dissolution of marriage in Florida. Couples filing for divorce with children, or with complex financial situations are wise to seek the counsel of a divorce attorney like the Aikin Family Law Group in Orlando, Florida.
Division of Property in Orlando, Florida During Divorce
Any property and money you and your partner acquired during your marriage is subject to division during your divorce. Questions can arise when it comes to what property should be considered separate property and what property should be considered marital property. For example, if you purchased a home before you were married and think the home should be considered separate property, the courts might consider any increase in value of the home during the marriage marital property. The same could hold true for any separately held business that increases in value during the marriage. Finally, retirement plans and 401(k) plans may also need to be divided. Dividing these accounts properly is important because failing to properly document withdrawals can lead to both parties facing tax penalties. Because questions of division of property can sometimes get more complex than splitting a bank account, couples who are getting divorced may want to speak to the Aikin Family Law Group in Orlando, Florida to learn more about their rights.
Alimony and Divorce in Orlando, Florida
In some cases, one partner may be required to pay alimony to the other partner. Alimony payments are generally designed to help a lower-earning partner get on his or her feet after divorce. Whether alimony will be awarded will depend on many factors, including how long you were married, your employment history, your educational background, each party’s contributions to the marriage, each partner’s income and other resources, and any other relevant factors. If you stayed home to care for children, or supported your spouse in his or her career, you may want to consider speaking to The Aikin Family Law Group, an Orlando, Florida divorce lawyer who may be able to assist you with seeking alimony, if appropriate.
Child Custody and Support in Orlando, Florida
If you have children, you’ll need to make decisions about where the children will live and how visitation will be arranged. Child support is determined based on special formulas that take into account each partner’s income. Visitation rights, child custody decisions, and child support negotiations can sometimes be among the most emotionally-fraught part of any divorce. The Aikin Family Law Group is an Orlando, Florida divorce attorney who can help you ask the tough questions and find a resolution that will be in the best interests of your children. The Aikin Family Law Group is an Orlando, Florida divorce attorney with whom USAttorneys.com can match you.
Born and raised in Connecticut, I am a “double Gator,” having received both my undergraduate and my law degree from the University of Florida. In my practice, I have worked as a Guardian ad Litem with hundreds of children in both dependency and custody cases, frequently appointed by judges. I have been honored to receive many awards and recognition's for my work as a children’s advocate. I received the Florida Bar President’s Pro Bono Service Award for 2017 for my Guardian ad Litem work, and also received the highest award given for Guardian ad Litem representation, the 2016 Judge J.C. “Jake” Stone Distinguished Service Award.
In August 2020, I was one of the first collaborative lawyers to receive accreditation by the Florida Academy of Collaborative Professionals (FACP), a designation I continue to hold today. I teach Collaborative Law as an Adjunct Law Professor at the Barry University School of Law, and serve as the Director of The Barry Collaborative Family Law Clinic. The Clinic represents modest income families with divorce and paternity through the Collaborative Process. I am a Collaborative Law trainer and speaker, and served as the Administrator and board member of The Collaborative Family Law Group of Florida from 2008-2018.
Whether working with clients in the conference room, by zoom, or in the court room, I am committed to empowering individuals and families to achieve healthier and more positive futures.
