Family Law Attorneys in Orlando

In a contested divorce, spouses disagree on one or more issues related to the dissolution of their marriage, such as child custody, property division, or spousal support. This often leads to court intervention involving negotiations, discovery, and possibly a trial. Contested divorces can be long, expensive, and emotionally draining. In contrast, an uncontested divorce occurs when both parties agree on all aspects of their separation, allowing them to file joint paperwork and avoid court hearings. Uncontested divorces are generally quicker, less expensive, and less emotionally taxing than contested ones.

Child custody in Florida is determined by considering the best interests of the child. Courts evaluate various factors, including each parent’s ability to provide a stable and nurturing environment, their mental and physical health, the child’s age and developmental needs, and the child’s relationship with each parent. Additionally, courts take into account the parent’s willingness to facilitate and encourage a close, ongoing relationship between the child and the other parent. If appropriate, the court may also consider the child’s preferences. Based on these factors, the court awards either sole or shared custody. Hiring an Orlando Family lawyer to help with this process can be very beneficial.

A comprehensive estate plan involves several key elements: a will, which outlines how your assets will be distributed upon your death; a durable power of attorney, which designates someone to manage your financial affairs if you become incapacitated; a healthcare proxy, which appoints someone to make medical decisions on your behalf if you are unable to do so; and a living will, which specifies your preferences for end-of-life care. Additionally, a proper estate plan may include trusts to protect assets, minimize taxes, or provide for specific beneficiaries, such as children or grandchildren.

Prenuptial agreements are legal contracts entered into by couples before marriage that outline how assets and debts will be divided in the event of divorce or death. These agreements can address issues such as property ownership, spousal support, and inheritance rights. By clarifying financial expectations and responsibilities, prenuptial agreements can help prevent disputes and simplify the divorce process if necessary. To be valid, a prenuptial agreement must be in writing, signed by both parties, and entered into voluntarily and with full disclosure of each party’s financial situation.

Property division in a divorce depends on the laws of the state where the divorce is filed. In the state of Florida, assets are divided equitably. In general, this means that assets acquired during the marriage are considered marital property and are divided fairly between the spouses. Factors considered in determining equitable distribution may include the length of the marriage, each spouse’s contributions to the marriage, and each spouse’s financial needs. Separate property, such as inheritances or gifts, remains with the original owner and is not subject to division.

The duration of mediation in a divorce varies depending on the complexity of the issues involved and the willingness of both parties to negotiate and compromise. Mediation sessions typically last a few hours, but the overall process may require several sessions spread over weeks or months. The goal of mediation is to reach a mutually agreeable resolution, avoiding the time, expense, and emotional stress associated with a trial. The mediator, a neutral third party, helps facilitate communication and guide discussions toward a settlement.

If both parties agree on all aspects of a divorce settlement, there is usually no need to go to court for a trial. Instead, they can submit their agreement to the court for approval. Once the court approves the settlement, it becomes legally binding. This uncontested divorce process is generally quicker and less expensive than a contested divorce, as it avoids the need for lengthy court hearings and litigation.

In Florida, a business owned during a marriage is typically considered a marital asset and subject to equitable distribution in a divorce. The process involves determining if the business is marital property, valuing it accurately, and then deciding how to divide it. This division could mean one spouse buys out the other’s share, the business is sold and proceeds split, or both spouses continue as co-owners. The aim is to reach a fair distribution based on various factors, like each spouse’s contribution to the business and their future financial needs.