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.
Contact us by email, or call 352-484-1845 or toll-free at 888-459-5051 to schedule a consultation.
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.