Divorce Law Firm in Orlando, Florida
Divorce can be one of the toughest decisions you might ever have to make. While divorce is a highly emotional decision, it is also a legal process that involves everything from court dates to your finances, to decisions about your children. Conflicts can arise when former couples need to make decisions about splitting bank accounts, making choices about what will happen to shared property, and in making child custody decisions. The Aikin Family Law Group are divorce lawyers in Orlando, Florida who can help you with every step of the divorce process. Contact our firm today to learn more.
How to Get Divorced in Orlando, Florida
In Florida, there are two main ways you can get divorced. The first way is through the “Regular Dissolution of Marriage” process and the second way is through the “Simplified Dissolution of Marriage” process. While the “Simplified Dissolution of Marriage” process can lead to a faster divorce and can sometimes be completed without the assistance of an attorney, it is important to understand that by using the simplified process, couples might be waiving certain rights.
The Aikin Family Law Group are divorce attorneys in Orlando who may be able to offer you legal assistance for your simplified divorce at a lower rate than we can offer assistance for a more complex divorce matter. With simplified divorce, couples may already have a clear idea about how bank accounts and debts will be split. However, it is still always a good idea to have a lawyer review the paperwork and help you understand your rights. Hiring a divorce lawyer doesn’t have to slow down the process at all. In fact, because you won’t have to use Florida’s self-help program, our firm may be able to help you get the paperwork together faster, leading to a faster settlement.
It is always a good idea to get legal advice because divorce can impact many aspects of your financial life. Former couples can only get a simplified divorce if both parties agree to the dissolution of marriage, the couple doesn’t have children under age 18, neither party is seeking alimony, and both parties agree as to how assets and debts will be divided. While a simplified dissolution of marriage process can be finalized faster, couples give up certain rights, such as the right to ask the other party for financial disclosures about assets and the right to cross examine one another in court. If you are not sure about whether a simplified dissolution of marriage is right for you, consider speaking to The Aikin Family Law Group, divorce lawyers in Orlando, Florida today.
With a regular dissolution of marriage, the Florida Bar notes that the process begins when one party files a petition for dissolution of marriage with the circuit court where either you reside or where the couple resides. When papers have been served, both parties have 45 days to provide one another with financial disclosures. Child support worksheets must also be filled out if the couple have minor children. After these steps have been followed, the couple can either resolve their questions about dividing debts and assets outside of court through mediation, or take these issues before a judge. In general, it is often best when couples can reach decisions about debts and assets and other financial matters in private, without bringing these disputes before a judge. During this process, you’ll also need to make decisions about child custody. Parents will need to draft a parenting plan, which they will bring before a judge. While couples who cannot make decisions about custody can bring their dispute before a judge, it is often in the best interest of the children and the parents to resolve questions about child custody and visitation through mediation with the assistance of a divorce lawyer. The Aikin Family Law Group is a divorce law firm in Orlando, Florida that can assist you with all aspects of the regular dissolution of marriage process.
Child Custody During Divorce in Orlando, Florida
If you have children and are getting divorced, one of the most wrenching decisions you might have to make will involve child custody. The courts require that parents of minor children have a parenting plan in place. The parenting plan should outline specifics about where the children will reside, how time-sharing schedules will be arranged, how holidays will be spent and divided, and how major decisions will be made for the children. The Aikin Family Law Group are divorce lawyers in Orlando, Florida who can help you navigate the process of drafting a sound parenting plan. If you and your former partner cannot agree about how to arrange child custody, it might be best for you to each hire lawyers and work through mediation outside of court. Why? When parents take their child custody battles to court, sometimes the decision that the court makes is one that neither parent wants. Contact The Aikin Family Law Group today, a divorce law firm in Orlando, Florida, that can help you with your parenting plan.
Division of Debts and Assets During Divorce
Second only to child custody matters, the division of debts and assets during a divorce can also raise tensions. Couples may need to split shared bank accounts, split shared debts, and decide what will happen to the family home. The courts will differentiate between separate non-marital property (property and debts each party acquired before the marriage) and shared marital property (property and debts acquired during the marriage). However, marital and non-marital property distinctions may not always be so clear. For example, if you have made home improvements to a home one person purchased prior to the marriage, then one partner may be able to claim he or she contributed to the increased value of this asset. If one partner had an investment account before the marriage, but both parties contributed to it during the marriage, then it may be beneficial to have the assistance of a divorce lawyer like The Aikin Family Law Group in Orlando, Florida. Dividing retirement accounts can also raise unique questions. If these accounts aren’t properly divided, both parties can face tax burdens later. If you own a home together, you’ll also have to decide whether to sell the home or whether one partner will take on the mortgage or buy the other partner out. Finally, if there is a prenuptial agreement in place, both parties will need to consider the implications of this agreement when splitting assets and debts. When it comes to complex questions about asset division during divorce, The Aikin Family Law Group in Orlando, Florida is a divorce law firm that can help you.
Seek Compassionate and Caring Counsel Today
Divorce is an emotionally charged process. Couples might find themselves facing complex financial questions, tough questions about child custody, and individuals may wonder about their rights when it comes to alimony and child support. The Aikin Family Law Group is a divorce law firm in Orlando, Florida that can help you navigate these tough questions and assist you with your divorce.