Kissimmee Divorce Attorney

A Fresh Start Begins Here

Divorce is the end of a marriage and the beginning of a significant life transition. Whether you are filing for divorce, or you were served divorce papers, the process tends to be emotional, stressful, and overwhelming. Our Kissimmee divorce attorneys understand that you are dealing with the future of your family and your finances and that it has an uncertain outcome. This is why we do not simply file the documents and go through the motions. We listen, strategize, and advocate fiercely for what matters most to you. If you are considering divorce or have already started the process, you do not have to face it alone.

What You Need to Know About Divorce in Kissimmee

Florida is a no-fault divorce state. You do not need to prove infidelity or misconduct to file for divorce. You can state that the marriage is irretrievably broken. While that simplifies the grounds for divorce, the process still involves major decisions regarding child custody, property division, and financial support.

Our legal team does not offer one-size-fits-all solutions. We take the time to understand your priorities and strategize accordingly, whether your focus is on protecting your parental rights, keeping your business intact, or simply moving forward in the smoothest way possible.

We Handle Every Aspect of Divorce

At the Law Office of Erin Morse, we offer comprehensive divorce representation that includes the following:

Contested Divorce

When spouses cannot agree on key issues, such as property division, child custody, and support, a contested divorce is often the result. The parties must relinquish control over the outcome and turn to the court to resolve disputes. Contested divorce cases are frequently emotionally charged and legally complex. They require evidence gathering, thorough preparation, and courtroom advocacy.

Contested divorce in Florida typically involves discovery, multiple hearings, and a trial in some cases. While negotiation and mediation are encouraged, some situations require a firm legal stance. An experienced Florida divorce attorney is essential to protect your rights, present a strong case, and guide you through the legal challenges.

Uncontested Divorce

When the parties agree on all the major issues, uncontested divorce is a more streamlined and cost-effective way to divorce. As there are no disputes to litigate, the process is faster, less stressful, and more private than a contested divorce. Although specific legal procedures and filings are required under Florida law, with an agreement in place, couples can often avoid the costs and stress of appearing in court, with the added benefit of maintaining privacy.

It is crucial to have legal guidance, even in an uncontested divorce. We can help you draft a clear, enforceable agreement that meets state legal requirements and protects your interests.

Military Divorce

Due to the intersection of state and federal laws, military divorce involves unique legal considerations. The Servicemembers Civil Relief Act allows for delays in proceedings during the deployment of active-duty service members. Division of military pensions is governed by the Uniformed Services Former Spouses’ Protection Act, which allows state courts to treat disposable retired military pay as marital property, subject to division in divorce proceedings.

In addition, Florida law safeguards the parental rights of deployed service members by preventing custody changes during deployment unless it is in the child’s best interests. Given these complexities, it is essential to consult an attorney with experience in military divorces to navigate the process effectively.

High Asset Divorce

High-asset divorce cases involve dividing substantial property, businesses, investments, and complex financial portfolios. They require careful attention to detail, particularly in identifying marital vs. separate assets, valuing properties, and uncovering hidden income or offshore accounts.

Florida is an equitable distribution state, meaning property is divided fairly but not necessarily equally. These cases may involve disputes over what is fair. Issues such as prenuptial agreements, alimony, and tax consequences often play a significant role. Work with an attorney experienced in Florida high-net-worth divorce to protect your financial interests and future stability.

Divorce Involving Children

When a divorce involves children, it adds emotional and legal complexity to an already complicated process. Florida courts prioritize the best interests of the child in their decisions regarding custody (time sharing), parental responsibility, and child support. Parents are encouraged to create a parenting plan outlining how they will share time with and responsibilities for their children.

When an agreement cannot be reached, the court steps in to make a decision on these matters. In making these decisions, judges consider factors such as each parent’s ability to provide a stable environment, the needs of the child, and, in some cases, the child’s wishes. We fight for parenting arrangements that serve your child’s best interest while respecting your role as a parent.

Divorce Involving Domestic Violence

Divorcing an abusive spouse presents unique challenges that go beyond the typical legal proceedings. Victims of domestic violence may seek protective orders to safeguard themselves during the divorce process. It is crucial to consult an experienced lawyer to ensure your rights and safety are protected.

While Florida is a no-fault divorce state (meaning fault is not required to file for divorce), evidence of domestic violence can significantly influence the decisions of the court on matters such as child custody, alimony, and property division. A history of abuse may lead the court to award sole parental responsibility to the non-abusive parent to help ensure the child’s safety. The court may also consider the impact of abuse when awarding alimony and determining equitable distribution of marital assets.

Local Insight Matters

Practicing family law in Kissimmee requires more than an in-depth knowledge of Florida statutes. It also involves knowledge of local judges, opposing counsel, and the nuances of the Osceola Count System. Our experienced legal team brings local expertise to every case we handle, giving you an edge both in and out of the courtroom.

FAQs About Divorce in Florida

Divorce is never easy, but the process does not have to be overwhelming. Understanding Florida divorce laws can help you feel more confident about the road ahead. Here we provide answers to some frequently asked questions about divorce in Florida.

What Does It Mean That Florida Is a No-Fault Divorce State?

To file for divorce in Florida, you are not required to prove fault – that either spouse did something wrong that caused the marriage to fail. The only grounds required are that the marriage is irretrievably broken or that a spouse has been declared mentally incompetent for at least three years. Simply stating that the relationship cannot be repaired is sufficient to proceed with divorce in most cases.

What Are the Residency Requirements for Divorce in Florida?

At least one spouse must have lived in Florida for six months before a divorce can be filed. Residency can be proven with a Florida driver’s license or ID, with voter registration, or with an affidavit or testimony of another person stating that you have lived in Florida for six months or longer.

What If My Spouse Will Not Agree to a Divorce?

If your spouse does not cooperate, you can still be divorced. Florida law does not require that both spouses agree to end the marriage. If your spouse refuses to respond to the divorce petition, the court can proceed with a default judgment. If your spouse contests the divorce but refuses to engage in good faith, the court will issue rulings on unresolved matters.

What Are the Chances of Alimony Being Awarded?

Spousal support is not guaranteed in every Florida divorce. To determine if alimony is appropriate, courts consider several factors, including the following:

Duration of the marriage
Standard of living during the marriage
Each spouse’s income and earning capacity
Each spouse’s age, physical health, and emotional condition
Non-financial contributions to the marriage, such as homemaking or caregiving
Responsibilities for children, such as health insurance and child support

If alimony is awarded, it could be any of the following types:

Temporary alimony for support during divorce proceedings
Bridge-the-gap alimony to help a spouse transition from married to single status
Rehabilitative alimony focuses on supporting a spouse until they can become self-sufficient through education or vocational training
Durational alimony to provide support for a specified time
Permanent alimony, which continues until the remarriage of the recipient or the death of either spouse

Can Adultery Affect a Florida Divorce?

Although Florida is a no-fault divorce state, adultery can play a role in certain aspects. For example, if one spouse spent a significant amount of marital funds on an extramarital relationship, the court may award a larger share of the assets to the other spouse. If adultery negatively impacts children or family finances, it may also influence the court’s decisions regarding alimony or parenting.

What Constitutes Marital Property?

In Florida, marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. The marital property may include income, investments, business interests, vehicles, real estate, and retirement accounts. Property owned by either spouse before the marriage, inheritances, and gifts to one spouse specifically may be considered separate property, provided it is not commingled with shared assets. Identifying and valuing marital vs. non-marital property is a key step in the divorce process.

Can a Divorce Agreement Be Changed at a Later Time?

It is possible to modify a divorce agreement, but only under certain conditions. If a substantial change in circumstances has occurred, you may petition the court for a modification of the original order. Examples of circumstances that may warrant modification include a significant change in income, relocation of either parent or changes in the child’s needs. Although Florida courts will not revisit past disputes, they will consider changes that affect ongoing responsibilities, such as child support and parenting plans.

What Is the Role of Mediation in a Florida Divorce?

Mediation is a confidential process in which a neutral third party helps divorcing spouses negotiate to resolve their disputes out of court. In many Florida counties, mediation is required before a contested divorce can proceed to the final hearing.

Divorce through mediation is typically faster, less stressful, and less costly than divorce through litigation. It allows the parties to remain in control of the outcome rather than asking a judge to decide for them. It protects privacy and confidentiality, as there are no hearings open to the public that become part of the public record in mediation.

Another important benefit of divorce mediation is that it lays a foundation for positive parenting. Whereas a litigated divorce establishes an adversarial pattern of conflict and mistrust, mediation involves a collaborative problem-solving approach to the issues. This positive experience can provide parents with skills to work respectfully to address future challenges.

What Is a Simplified Dissolution of Marriage?

A simplified dissolution of marriage is a streamlined divorce process available in Florida for spouses who meet certain criteria and agree on all issues. It is typically quicker and less expensive than a traditional divorce. To qualify for a simplified divorce, you must meet the following requirements:

Both spouses agree the marriage cannot be saved.
There are no minor or dependent children in the marriage, and the wife is not pregnant.
The spouses have agreed on the division of assets and debts between them.
Neither spouse is seeking alimony.
Both spouses are willing to waive their rights to trial and appeal.
Both spouses are willing to sign the petition in the clerk’s office.
Both spouses are willing to attend the final hearing.

Skilled Legal Representation in a Kissimmee Divorce

Divorce is rarely simple, but understanding the rules can make the process seem more manageable. If you are facing divorce in Kissimmee, the guidance of a compassionate and knowledgeable Florida divorce attorney can make all the difference. At the Law Office of Erin Morse, we understand that each family is unique, and your divorce strategy should reflect your specific circumstances and goals.

Our proactive and personalized approach helps take the weight of divorce off our clients. Whether your divorce is amicable or bitterly contested, our Kissimmee divorce attorney can develop a creative strategy to pursue the results you envision. Contact us at (407) 900-7451 to schedule an initial consultation.