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Legal Protection From An Experienced Florida Divorce Attorney

If you are considering divorce, or your spouse has filed for divorce against you, you cannot afford to be confused or intimidated. The outcome of your divorce will carry lasting consequences for you. If you make a mistake or agree to something you do not understand, the courts will not be forgiving. At the Law Offices of Jorge Luis Colon, P.A., we protect our clients and help them in every aspect of their divorce. From our offices in Gainesville and Ocala, divorce lawyer Jorge Luis Colon will work closely with you to help you through the process.

Services We Offer

At our firm, we handle:

Child custody: Legal arrangements that determine parental responsibility and time-sharing based on the best interests of the child.
Custody disputes: Conflicts between parents regarding decision-making authority or parenting time that require court intervention or structured negotiation.
Child support: Court-ordered financial contributions to help ensure a child’s living, medical and educational needs are met.
Paternity: Legal establishment of a child’s father, which affects custody, support and parental rights.
Modifications: Formal requests to change existing court orders due to substantial changes in circumstances.
Injunctions: Court orders designed to protect individuals from domestic violence, harassment or threats.
Property division: The equitable distribution of marital assets and debts during divorce proceedings.
Alimony: Financial support paid by one spouse to the other to address economic imbalance after divorce.

Legal guidance on these areas helps ensure that your rights are protected and obligations are fairly determined.

Florida Divorce Requirements

To file for divorce in Florida, specific requirements must be met to ensure the court can process your case. At least one spouse must have lived in Florida for six months before filing. Residency can be proven with:

Florida ID or driver’s license
Lease or mortgage documents
Utility bills or other official correspondence

Florida allows both no-fault and some rare fault-based divorces. Irretrievably broken marriage is the most common ground, and no one needs to prove fault.

Also, while less common, mental incapacity applies when a spouse is mentally incapacitated and unable to participate in the marriage. Meeting eligibility criteria helps ensure the divorce process moves smoothly, minimizing delays and potential disputes.

Step-By-Step Florida Divorce Process

Knowing what to expect during Florida divorces can reduce uncertainty and help you prepare. The process includes:

Filing the Petition for Dissolution of Marriage: Officially starts the divorce process.
Service of process options: Ensures the other spouse is notified of the case.
Answer and counterpetition timelines: Both spouses respond, setting the stage for disputes or agreements.
Mandatory disclosure and discovery: Both sides exchange financial information and relevant documents.
Temporary relief hearings: Address immediate needs like support, custody or property use.
Settlement or mediation: Most cases are resolved at this stage, reducing the need for a full trial.
Final hearing: If the case does not settle, the court schedules a final hearing where both parties present evidence and arguments.
Final judgment: The judge issues the Final Judgment of Dissolution of Marriage, officially ending the marriage.

Working with an experienced attorney helps ensure your rights are protected at every stage and increases the likelihood of a fair and efficient resolution.

Answering Your Questions

Family law proceedings can be intensely personal. Almost any action you take with regard to your family may be analyzed or discussed as part of your divorce. We help our clients make the right choices to protect their interests in all family law cases. Below are answers to some of your Florida divorce questions.

Is Florida a community property or equitable distribution state?

Florida is an equitable distribution state. This means assets and debts acquired during the marriage are split fairly, not necessarily equally (50/50). Separate property such as inheritances or property acquired before the marriage is not subject to equitable division in a divorce.

What is the difference between a contested and uncontested divorce in Florida?

In a contested divorce, the spouses disagree on key issues. These may include property division, alimony, child custody and more. These divorces may require court intervention and potentially a trial. In an uncontested divorce, the spouses agree on all terms of the divorce, making the process faster and less expensive.

How is child custody (time-sharing) determined in Florida?

Florida courts determine time-sharing based on the best interests of the child; however, the law currently presumes that equal time-sharing is in the child’s best interest. You should contact an attorney to determine if the facts of your situation can overcome the presumption that equal time-sharing is in the child’s best interest. Factors considered include each parent’s ability to provide a stable environment, the child’s wishes, and each parent’s willingness to foster a relationship between the child and the other parent.

How does alimony work in Florida?

Florida offers different types of alimony, also known as spousal support:

Temporary Alimony: Short-term support to help a spouse during the divorce proceedings.
Bridge-the-Gap: Short-term support to help a spouse transition to single life.
Rehabilitative: Provides funds for a spouse to gain education or training to become self-supporting.
Durational: Awarded for a specific length of time.
Lump Sum: A one-time payment.

The duration of alimony depends on the type of alimony, the length of the marriage, the paying spouse’s ability to pay support, and the recipient spouse’s need for support. There are statutory guidelines to determine the amount and duration of alimony owed.

What if my spouse was unfaithful or abandoned me?

Florida’s “no-fault” divorce means that when a couple seeks to dissolve their marriage, neither party is required to prove that the other spouse did something wrong to cause the marriage breakdown. In a no-fault divorce, the only requirement is that one spouse asserts that the marriage is “irretrievably broken.” This eliminates the need for proving misconduct such as adultery or abuse.

Under Florida law, this type of divorce streamlines the process, allowing couples to proceed with legal separation and dissolution of the marriage without the need for lengthy court battles over fault. Essentially, Florida allows divorce based solely on the fact that the relationship has deteriorated beyond repair, without assigning blame. This is designed to make divorce proceedings simpler, quicker, and less contentious.

However, you should discuss these factors with an attorney to determine if your spouse’s actions could affect equitable distribution of marital assets or liabilities or time-sharing with your minor children.

Is mediation mandatory in Florida divorce cases?

Florida courts often require you to go through mediation before they will hear your arguments. Unless you can reach an agreement on all issues as part of an uncontested divorce, you will need to work through the mediation process to try to reach an amicable resolution. We can prepare you for this process and help you get what you need in the most efficient manner possible. If mediation is unsuccessful, we are not afraid to fight for our clients in court.

How long does the average divorce take in Florida?

The timeframe for divorce varies significantly depending on whether it is contested or uncontested and the court’s caseload. Uncontested divorces can take a few months, while contested cases can take a year or more.

Spousal Support Solutions From Our Gainesville Alimony Lawyer

Support and alimony arrangements can dictate your financial health after a divorce. Many people find themselves unable to meet their obligations after a divorce. It is vital to protect yourself by seeking the proper level of support in your situation. Our lawyer, Jorge Luis Colon, knows how to help.

Learn More From A Gainesville Divorce Attorney

To discuss your needs with a seasoned divorce attorney, contact us online, call 352-484-1845 or toll-free at 888-459-5051 today. We will help you make the best possible decisions throughout the divorce process.