Divorce Attorney in Orlando

Compassionate, Focused Legal Guidance in Divorce

At The Law Office of Erin Morse, our Orlando divorce lawyers understand that divorce can be among the most challenging issues of a lifetime. Our legal team is here to provide the advice and support you need during a stressful time. We are committed to helping you navigate the complexities of the divorce process in Orlando and ensuring your rights are protected. Contact us today at 407-900-7451 for a private consultation.

Divorce Laws in Florida

Florida divorce laws govern the dissolution of marriage through a framework focused on equitable distribution, financial transparency, and the welfare of children. Under Florida Statutes Chapter 61, spouses must generally disclose their income, assets, and liabilities so that the court or the parties themselves can structure a fair outcome. The law also addresses parenting plans, requiring parents with minor children to outline responsibilities and time-sharing schedules.

What is Equitable Distribution in a Florida Divorce?

Equitable distribution does not necessarily guarantee a 50/50 division of property and debts. Instead, Florida courts consider factors such as the length of the marriage, each spouse’s financial contribution, and any interruption of career or educational opportunities for the benefit of the family.

When allegations of undisclosed or hidden assets arise, a judge can impose sanctions on the uncooperative party, awarding more of the discovered property to the other spouse or adjusting other financial awards accordingly. The emphasis on accurate financial reporting helps prevent unfair advantages during the property division process.

Alternative Dispute Resolution in Divorce Cases in Orlando

Florida also encourages dispute resolution options like mediation, enabling spouses to potentially reach common ground on key issues without the cost and stress of a full trial. If negotiations fail, the court intervenes to evaluate property values, debt obligations, and child-related matters. Overall, Florida’s legal framework strives to safeguard each spouse’s economic interests while keeping the focus on the needs of children who will be affected by the divorce.

Filing for Divorce: Initial Steps

When initiating a Florida divorce, spouses often address a handful of procedural and legal requirements to ensure the process runs smoothly:

Petition Preparation: The spouse who wants to begin the divorce (the petitioner) completes a Petition for Dissolution of Marriage. This document states the grounds for divorce and outlines requests related to property division, spousal support, or parenting plans.
Service of Process: Once filed with the court, the petition must be formally served on the other spouse (the respondent). A process server or a sheriff’s deputy usually handles this step, ensuring the respondent receives official notice and has the opportunity to respond.
Financial Disclosures: Florida law requires mandatory financial affidavits and supporting documentation, such as tax returns, pay stubs, and bank statements. These disclosures promote equitable outcomes by giving both spouses and the court a clear view of marital income and assets.
Mandatory Waiting Periods: After service, the respondent typically has 20 days to file an answer. If spouses cannot reach an agreement, they may need further negotiation or mediation before the court schedules a final hearing.
Local Court Requirements: Some judicial circuits require divorcing parents to complete parenting courses. Others mandate mediation sessions to streamline contested issues. Meeting these obligations can help reduce conflicts and minimize delays.

Adhering to these steps sets the stage for a more organized and transparent divorce process. Spouses who comply with financial disclosure rules and collaborate on parenting arrangements often find themselves reaching settlement agreements without prolonged litigation. However, if disagreements remain, a court hearing or trial may become necessary to resolve property disputes or finalize child-related matters.

Residency Requirements for Divorce in Orlando

Before filing for divorce in Orlando, at least one spouse must meet Florida’s residency requirement. Under Florida Statute §61.021, that spouse must have resided in the state for six months before initiating the divorce action. Common ways to prove this requirement include a valid Florida driver’s license, rental or mortgage records, or utility bills reflecting an in-state address for the requisite period. Failure to satisfy this condition can lead the court to dismiss the petition, delaying the entire proceeding until residency is firmly established.

Jurisdiction: Filing for Divorce in Orlando

Residency ensures that Florida has a legitimate interest in presiding over the dissolution. In areas like Orlando, where people frequently relocate for work, retirement, or other personal reasons, tracking the date of arrival becomes essential. A spouse might opt to wait until the six-month mark passes to avoid the risk of a dismissal. Once the requirement is met, either spouse may initiate the filing in the county where at least one spouse resides or where the couple last lived together. This rule underscores how important it is that the state maintains proper jurisdiction to handle all aspects of the divorce, from dividing property to determining child-related matters.

What Are the Different Types of Divorce?

There are several types of divorce that you can file for in Florida. Understanding the differences between them can help you make an informed decision about which option is best for your situation.

Contested Divorce

A contested divorce occurs when spouses cannot agree on one or more issues, such as division of property, child custody, or alimony. This type of divorce involves a range of complex legal matters that must be resolved in court.

Uncontested Divorce

In an uncontested divorce, both spouses agree on all aspects of the divorce, including the division of property, child custody, and alimony. This type of divorce is usually quicker and less expensive than a contested divorce.

No-Fault Divorce

Florida is a no-fault divorce state, which means that you do not need to prove that your spouse was at fault for the breakdown of the marriage. Instead, you only need to show that the marriage is irretrievably broken.

Simplified Divorce

A simplified divorce, also known as a mutual consent divorce, is an expedited process that is available to couples who meet specific criteria, including having no minor children and agreeing on the division of property.

How Can Orlando Divorce Attorneys Help?

An Orlando divorce lawyer can provide invaluable assistance during the divorce process. They can offer advice on how to handle issues such as division of marital property, child custody, and alimony. They can also represent you in court if your Orlando divorce case becomes contested.

Advice and Consultation

Our divorce lawyers can provide you with advice and consultation on all aspects of your divorce case. We can help you understand your options and guide you through the legal process.

Negotiation and Settlement

We can help you negotiate with your spouse and reach a fair settlement. If a resolution cannot be reached, we are prepared to represent you in court and fight for your rights.

Representation in Court

If your divorce case goes to court, our lawyers can represent you and ensure your interests are protected. We have extensive experience in litigation and are committed to achieving the best possible outcome for you.

Understanding Your Legal Options in Divorce

We believe that understanding your legal options is crucial in a divorce. Our team can provide you with comprehensive information on everything from filing a wrongful death suit to understanding liability in a divorce case. We’re committed to ensuring that you have all the necessary information to make informed decisions.

Specialized Divorce Services

We understand that each divorce case is unique and may require a tailored approach. Our services include representation for immigrant spouses, gay couples, or those involved in high-asset divorces. We are focused on ensuring every individual we represent receives the specialized attention and quality of legal representation they deserve.

At The Law Office of Erin Morse, we offer specialized divorce services to support a range of client situations. Whether you seek a divorce lawyer who focuses on men or women as clients or you need professional counsel to protect your rights in a complex, high-asset divorce, our legal team has the experience, legal knowledge, and skills you need on your side.

Our experience extends to handling complex divorce scenarios such as those involving adultery, abandonment, or domestic abuse. We understand the sensitive nature of these cases and provide tailored legal strategies to address your specific circumstances.

Our divorce service covers every aspect of the divorce process, from filing the initial paperwork to representing you in court. We also offer collaborative divorce options, which can be a less adversarial and more amicable approach to resolving marital disputes.

Are You Ready to Consult with a Divorce Attorney in Orlando, FL?

If you are considering divorce or have already decided to end your marriage, it’s essential to consult with a divorce attorney as soon as possible. At The Law Office of Erin Morse, we are committed to providing compassionate and effective legal representation to individuals going through a divorce. We understand the emotional and financial challenges that come with ending a marriage, and we are here to support you every step of the way. Contact us today at 407-900-7451 to schedule a consultation with one of our experienced divorce lawyers.

Dividing Marital Assets and Debts

Florida’s equitable distribution principle governs the division of marital property and liabilities. Under Florida Statute §61.075, courts consider various factors when allocating assets and debts, such as each spouse’s economic circumstances, the length of the marriage, and the overall contributions made to the family. Although judges often start with the assumption that an equal split is fair, they can adjust that ratio if unique circumstances arise. For instance, if one spouse sacrificed career opportunities for child-rearing responsibilities, the court may award them a more significant share of the marital estate.

The Debt Division Process in an Orlando Divorce

In dividing assets, spouses compile detailed lists of real estate, bank accounts, investment funds, retirement benefits, and personal property acquired during the marriage. Debts like mortgages, car loans, credit card balances, and medical bills are scrutinized. Determining which accounts and liabilities are marital often requires that both spouses produce financial statements tracing how and when each debt arose.

When a dispute emerges over whether an asset is indeed marital or separate, the court examines documentation to see if it was purchased or inherited before the marriage or whether it remained exclusively in one spouse’s name. In this process, transparency is crucial, as any attempt to conceal or undervalue property can provoke judicial penalties.

Property Distribution: Marital vs. Non-Marital

Florida family law draws a bright line between marital property, which is subject to division, and non-marital property, which one spouse retains exclusively. Assets acquired during the marriage typically fall into the marital category. By contrast, inheritances, gifts to one spouse alone, or property owned before the marriage remain separate—unless they become mixed with marital assets. Commingling occurs if, for example, an inherited sum of money was placed into a joint account and used for shared household expenses. The merging of assets can transform at least part of that inheritance into marital property.

Disputes Regarding Classification of Assets in Divorce

Courts often face disputes over the classification of assets that straddle these lines. A home purchased by one spouse before the marriage can partially be deemed marital if mortgage payments were made from a joint account. Similarly, a spouse may argue that a house is partly theirs if they substantially upgraded or maintained it using marital funds. Documentary evidence—including deeds, bank statements, and transaction histories—plays a vital role in demonstrating how the property was financed and whether each spouse intended to keep it separate. Clear record-keeping helps minimize confusion and ensures accurate classification of each item.

Handling Retirement Accounts in Divorce in Orlando, FL

Retirement plans frequently represent a sizable portion of a couple’s wealth. Under Florida law, the portion of retirement benefits accrued during the marriage generally qualifies as a marital asset. Common accounts include 401(k)s, IRAs, and pensions, each subject to division through the equitable distribution process. The court often requires a Qualified Domestic Relations Order (QDRO) to split certain employer-sponsored plans without incurring early withdrawal penalties or immediate tax consequences.

Valuing Retirement Accounts in an Orlando Divorce

Valuing these accounts involves determining the account balance at a specific point, often the filing date. Subsequent gains or losses might be deemed separate property if they stem from post-filing changes. This valuation can get complicated when dealing with pensions with uncertain future payouts. Experts sometimes calculate a present value for pension benefits or project future monthly payments. Whichever method applies, the goal remains to protect both spouses’ financial interests and avoid undue prejudice to either spouse in their retirement years.

Paternity Issues in Divorce

Paternity issues can complicate divorce proceedings, particularly when it comes to child custody and support. Whether you’re a military spouse or a non-military spouse, our attorneys can assist in resolving paternity disputes, ensuring the best interests of the child are protected.

Divorce and Debt Responsibility

Debt accrued during the marriage is considered part of the marital estate, subject to equitable distribution. Credit card balances, mortgage obligations, and auto loans are typical examples. In Florida, judges will evaluate why a debt was incurred. If the money went to support household living expenses or was used to benefit both spouses, it would likely be considered a shared obligation. If one spouse racked up debt for purely personal pursuits or hid debts and expenditures from the other, the judge may allocate that debt solely to that spouse or reduce their share of the marital estate.

Division of Debt in an Orlando Divorce: Equitable Distribution

The division of debt, like assets, remains flexible under equitable distribution. Judges might assign a more significant portion of the debt to the spouse with a higher income or greater future earning capacity. That approach prevents saddling a lower-earning spouse with obligations they cannot manage. Yet, no matter how the final decree divides the liabilities, creditors still expect payment. If the named borrower on a loan differs from the spouse assigned to repay it, the lender can seek repayment from anyone who signed the contract. For this reason, spouses often negotiate specific arrangements or refinance certain debts to ensure that each party truly remains responsible for their portion.

Addressing Child Custody, Visitation, and Support in Divorce Proceedings

Divorcing parents must address a range of child-related matters, particularly time-sharing arrangements and financial support. Florida law prioritizes the child’s best interests, focusing on stability, emotional and developmental needs, and each parent’s willingness to foster a positive relationship with the other parent. Judges expect parents to submit a detailed parenting plan outlining how day-to-day decisions will be made, how holiday parenting time will be allocated, and how each parent will maintain consistent involvement in the child’s life.

Child support calculations usually follow state guidelines. Both parents’ net incomes, the number of overnights the child spends with each parent, and additional costs such as child care or health insurance inform the monthly support amount. If parents maintain relatively equal incomes and custody times, child support payments may be lower. A more considerable income disparity or a child with special medical needs could warrant an increased child support obligation.

Child Support Enforcement in Orlando

Income Withholding: The DOR can issue an income deduction order to the obligor’s employer, mandating automatic deductions from wages to cover current and past-due child support payments.
License Suspension: Driver’s licenses, vehicle registrations, and professional licenses can be suspended if the obligor fails to pay child support or does not respond to enforcement notices.
Tax Refund Interception: Federal and state income tax refunds could be intercepted to cover unpaid child support obligations.
Lottery Winnings Seizure: Lottery winnings of $600 or more can be seized to satisfy child support arrears.
Bank Account Freezing: The DOR can locate and freeze the bank accounts of delinquent parents, seizing funds to pay overdue child support.
Liens on Property: Liens can be placed on real estate and personal property, such as vehicles and boats, to secure payment of child support debts.
Credit Reporting: Delinquent child support payments can be reported to credit bureaus, negatively impacting the obligor’s credit score.
Unemployment and Workers’ Compensation Interception: The DOR can intercept unemployment benefits and workers’ compensation payments to cover child support arrears.
Court Actions: The DOR may file legal actions in circuit court to enforce child support orders, resulting in judgments for past-due support, contempt findings, or orders to seek employment or job training.
Contempt of Court and Incarceration: If a parent willfully fails to pay child support despite having the ability to do so, the court may find them in contempt, potentially leading to incarceration until payment is made.
Passport Denial: Parents owing significant child support arrears may be denied the issuance or renewal of a U.S. passport.
Subpoena of Financial Information: The DOR can subpoena financial and other relevant information necessary to establish, modify, or enforce a child support order.

These enforcement measures are geared to ensure that children receive the financial support a parent must pay. If you require assistance with child support enforcement in Florida, you can contact the Florida Department of Revenue or consult with our Orlando family law attorney for guidance. If you are subjected to child support enforcement actions and need help, our child support attorneys can help resolve even the most complex situations.

Enforcement Remedies for Violations of a Final Divorce Decree

Once the court issues a final divorce decree, both parties must fulfill the obligations outlined in the ruling. Florida law provides enforcement remedies if a spouse fails to comply—by refusing to pay court-ordered child support, failing to transfer a property title, or blocking time-sharing schedules. A motion for contempt or enforcement brings the noncompliant spouse before a judge, who can impose sanctions, award attorney fees to the compliant spouse, or even order incarceration for willful violations. These stringent penalties underscore the seriousness of ignoring court orders.

Enforcement extends to various aspects of the divorce decree. For instance, if child support arrears build up, the Florida Department of Revenue can intercept tax refunds, garnish wages, or impose liens to collect overdue sums. Suppose a property division requires signing over real estate or personal property, and the spouse refuses. In that case, the court can empower the clerk to sign documents on that spouse’s behalf. Such mechanisms preserve the finality of divorce judgments, ensuring that neither spouse can evade their financial or parental responsibilities without consequence.

Spousal Separation: A Step Towards Divorce

Spousal separation is often a precursor to divorce. It allows couples to live apart while still legally married, which can be beneficial for those who are unsure about divorce or are waiting for the right time to file for divorce. Our attorneys can help you navigate the legalities of spousal separation, providing advice on issues such as property division and child custody.

Frequently Asked Questions About Divorce in Orlando

How long does divorce take in Florida?

The timeline depends on the case’s complexity. An uncontested divorce with minimal assets and no child-related disagreements might conclude in a few months. More complicated divorces involving extensive discovery or contested child custody issues can extend well beyond a year. Courts also have busy dockets, meaning availability for hearings and trials can introduce additional delays.

Can divorce proceedings remain confidential?

Most Florida court filings, including divorce matters, are part of the public record. Sensitive personal information sometimes gets redacted or sealed if a spouse petitions the court for privacy and the judge agrees. That said, the general divorce petition, final judgment, and other core documents are typically available for public inspection.

What happens if a spouse ignores divorce papers?

Failing to respond to a petition within the 20-day window can lead to a default judgment, which grants the filing spouse much of the relief requested in the petition. Setting aside default is possible under very limited conditions, often requiring the non-responsive spouse to prove a legitimate reason, such as improper service or an incapacitating emergency, which prevented them from answering on time.

How is property divided if a spouse hides assets?

Florida imposes strict requirements for full financial disclosure in divorce. If one spouse attempts to hide, underreport, or dispose of marital assets to gain an unfair advantage, the court may sanction that misconduct. Judges can award a larger share of the discovered property to the innocent spouse or assess other financial penalties. Such a division ensures fair dealing and discourages deceptive tactics.

Can divorce affect my immigration status?

A Florida divorce can raise immigration concerns for individuals whose residency or visa status depends on their marriage. In cases of conditional permanent residency, a divorce does not automatically trigger deportation. However, the spouse may need to file a waiver or supplemental documentation to prove their marriage was bona fide. Each situation varies, so it’s often prudent to consult an immigration professional for personalized guidance.

File for Divorce with Confidence

Filing for divorce can be a daunting process. At The Law Office of Erin Morse, we are committed to providing you with the support and guidance you need to file for divorce with confidence. We understand the unique challenges faced by both military and non-military families during this difficult time and are here to help you every step of the way.

Contact an Orlando Legal Representative for Divorce

If you’re ready to take the next step, don’t hesitate to reach out to us. Our experienced team of Orlando divorce attorneys is ready to provide you with the compassionate and effective legal representation you need. Contact us today at 407-900-7451 to schedule a consultation with Orlando family law attorneys.