Going through a divorce can be stressful and take a toll on your emotions. It’s not a time that you want to be alone.
The Orlando divorce lawyers at the Holden & Darby law practice will help you every step of the way. When you become a client of ours, we’ll be with you every step of the way and will give you the personal attention you deserve. Our firm handles family law matters of divorce, paternity, custody and prenuptial agreements.
Our divorce lawyers in Clermont have 35-plus years of experience in Florida law. Our attorneys studied law here in Florida. They work here. And they live here. They will use their experience to give you the best chance at receiving the assets to which you are entitled. We’ll do our best to make sure you have the best possible end result during this trying time.
Filing a Petition for Dissolution of Marriage
If you are seeking a divorce in Florida, contacting an experienced divorce attorney is your first step. At Holden & Darby, our attorneys will talk with you, assess the situation you and your family is experiencing, and discuss your wishes for a successful outcome.
Our attorneys will also lead you through the process of filing a Petition for Dissolution of Marriage. This document is required in Florida. It will review any claims you have for things like custody, child support, alimony and/or the division of property and debts.
Determining the Type of Divorce
Most couples who are divorcing in the state of Florida fall into two categories. If you and your spouse have a good working relationship and have jointly decided to part ways, you may experience what is classified as an uncontested divorce. This means that you agree on the division of marital property and debts, any child custody or support issues, and/or alimony. These are the quickest types of divorces and sometimes can be wrapped up in four to five weeks.
However, many couples divorce because they don’t see eye to eye on many of these key issues. If you and your spouse disagree on support, custody or the division of marital property, you will experience a contested divorce. This means your divorce will go through the court system and a judge will help to settle your disputes. A contested divorce could last six months or longer. In counties where the courts are busy, it could easily take a year or more.
Establishing a Custody/Parenting Plan
When you and your spouse divorce and you have children, it’s important to create a schedule that will allow both the custodial and non-custodial parent to see your child. In Florida, this is called a Standard Parenting Time Plan and must be agreed upon by both parents. Such plans are a consideration when child support is determined through Florida’s child support guidelines. The plan must specify the time – including overnights and holidays – that a child is entitled to spend with each parent.
Moving Out of State
If a custodial parent wishes to move out of state with a child and the non-custodial spouse opposes, the custodial parent may have to go to court to receive a judge’s permission to move the child. These are considered move-away cases and are some of the most difficult custody disputes.
If the custodial parent moves the child out of the state without the permission of the court or the non-custodial spouse, the court may sanction the custodial parent with orders of contempt, which can include fines or jail time.
In move-away cases, hiring an experience Orlando divorce attorney who knows the laws of the state of Florida is paramount. The Holden & Darby law practice includes attorneys with a combined 35-plus years of family law experience.
When two married people divorce, and the couple is married when the child is born, paternity is established automatically. However, if the mother is unmarried when the child is born, if the parents are unmarried or if paternity hasn’t yet been established – and you believe you are the father of the child – you may need to take steps to establish paternity. This often includes submitting to genetic testing to prove whether or not a child is legally yours. By establishing paternity, you will have access to shared custody and other rights for raising your child.
Establishing a Prenuptial Agreement
Some couples choose to agree on important items such as alimony and the division of property prior to getting marries by creating a prenuptial agreement. In Florida, prenuptial agreements are called premarital agreements. Premarital agreements are enforceable as long as both parties have signed them voluntarily. However, premarital agreements in Florida will not affect child custody or child support.
Consult with Holden & Darby
If you live in Leesburg, Eustis, Clermont, Orlando, Winter Garden, Ocoee, Maitland, Winter Park, Altamonte Springs, Casselberry, Longwood, Kissimmee, St. Cloud, The Villages, Auburndale, Bartow, Lakeland, Winter Haven or any other community in Central Florida, call the Holden & Darby law practice in Tavares today. We represent clients in Lake, Sumter, Seminole, Orange, Polk, Osceola, Hernando, Citrus and Marion counties. We’d love to schedule a consultation, so you can talk with one of our qualified divorce attorneys.