Divorce can leave you feeling stressed both emotionally and financially, betrayed, angry, scared, and depressed. An attorney can advise you on the latest laws, how to protect your rights, and guide you through the process. She can also recommend counselors, a financial planner, and a CPA to assist you.
- Complex Divorces with Equitable Distribution of Substantial Financial Assets
- Contested Divorce
- Uncontested Divorce
- Collaborative Divorce
- Divorces involving Child Custody/Time-sharing
- Divorces involving Alimony
- Divorces with Domestic Violence Injunctions
- Divorces with Department of Children and Families Services Involved
Orlando Complex Divorces
Most Orlando divorces concern issues of child support, child custody and time-sharing, equitable distribution which is the division of marital assets and liabilities, alimony, and attorney’s fees. These issues are considered common to most divorce cases. Dissolution cases may be more complex when there are high value assets in dispute. These cases may involve numerous assets such as real property, businesses, trust accounts, bank accounts, investments, retirement accounts, stocks, stock options, bonds, inheritances, or gifts. They could also involve joint business ownership between spouses. In these cases there are issues on the valuation of the assets and liabilities, and whether they are martial or nonmarital assets and liabilities. Some complex cases may involve one spouse having hidden assets, and/or other commingled assets that may require the other party to obtain the services of a forensic accountant. In these cases, a CPA, financial planner, and forensic accountant are crucial to the case.
If you are entering a divorce with complex issues, it is important to seek a knowledgeable attorney who is familiar with complex litigation and the intricacies involved. When numerous assets are in dispute, there may be business and tax consequences that stem from a dissolution. For that reason, your attorney may recommend that you seek a CPA, financial planner, or other tax experts to advise you, and assist in determining what effect your divorce may have on your tax liabilities.
Orlando Contested Divorce
Contested divorce is the type of divorce in which the spouses cannot arrive at an agreement either by Marital Settlement Agreement or Mediation on one or more key issues in order to amicably resolve and terminate their marriage. When spouses cannot amicably reach an agreement, with the assistance of their attorneys, they must go to hearings and or trial and have the judge hear the issues of the case and make a ruling based upon the facts and law. Contested cases involve litigation that consists of: filing interrogatories, requests to produce, special requests to produce, the taking of depositions, the setting of hearings, the hiring of expert witnesses, and finally a trial. The more litigation involved in the case, the higher the cost of the attorney’s fees because the attorney is required to do more work on your case.
Orlando Uncontested Divorce
In an uncontested divorce, the parties exchange mandatory disclosure and then work toward an agreement on everything involved in the case. They do not need the court to divide their assets and liabilities, determine spousal support (alimony), child support, custody, or attorney’s fees. The parties decide these issues among themselves. The parties resolve all issues by an agreement. They then memorialize the agreement in writing in a Marital Settlement Agreement. They then sign the agreement in front of two witnesses and a notary. In general, an uncontested divorce will proceed through the system more quickly, be much less complicated, and more economical.
Orlando Collaborative Divorce
Collaborative divorce is a process conducted by trained attorneys; with the assistance of a financial neutral, and a mental health neutral to assist the parties work toward reaching a resolution of the issues that the parties have created for themselves with the help of their attorneys and neutrals. The parties reach a collaborative agreement and memorialize it in a settlement agreement. With the team approach, the specialists will give both the parties guidance on certain areas of dispute about which he or she has specific knowledge.
Prior to starting the negotiations for settlement, the parties must agree to participate in the collaborative process. They must agree to treat each other with consideration and respect. Each party will have his or her own attorney during the process to protect his or her interests. There will typically be a series of collaborative meetings between the parties, their attorneys, the mental health neutral, and the financial neutral, to reach a mutually-agreed-upon collaborative divorce settlement. If the parties are not able to reach a collaborative agreement, then they may participate in a collaborative mediation. If that does not resolve the case, then the collaborative-law negotiation process cannot continue. The parties then have to obtain new counsel for litigation and pursue a contested dissolution through the court.
Collaborative Divorce is an alternative to costly litigation. The financial neutral is given all the mandatory disclosure and prepares an equitable distribution chart for the meetings. The mental health neutral leads the parties toward resolution of time sharing issues and completion of a parenting plan that the parties have crafted themselves. Parties that decide their own outcome are usually happier with the results then when a judge decides the outcome for them.
The collaborative process is private and confidential. All your personal information is not in the court file and public record. You do all your meetings at the financial neutral or mental health neutral’s office. After you reach a settlement, minimal paperwork is filed with the court.
Orlando Divorce Involving Domestic Violence
Divorce can be a triggering event for domestic violence. In fact, the danger of serious violence is at its highest point when a person acts on a decision to leave an abusive relationship. Domestic violence is defined as abuse by one partner against the other in a marriage or other intimate relationship. Pushing, shoving, hitting, sexual assault, disconnecting the phone line, criminal mischief, hurting a pet, blocking a spouse or partner from leaving the residence against their will, or placing them in fear that domestic violence will occur, and other forms of physical attack are all forms of domestic abuse. Stalking, intimidation, isolating a partner from others, withholding money, and emotional abuse of all kinds are also forms of domestic violence.
Domestic violence can complicate the divorce process especially when there are minor children involved. If domestic violence is committed on you in the presence of the children, you may be able to get sole custody of the children. The battering spouse may be ordered to have supervised visitation. If you obtain an injunction against domestic violence against your spouse you may get exclusive use and possession of the marital residence. Your spouse may be ordered to have supervised visitation and attend a batter’s intervention program.