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Do Not Get Trapped in the Pitfalls of an Orlando, Florida and Lake Mary, Florida Divorce

You are going through a divorce or dissolution of marriage in the Orlando, Florida or Lake Mary, Florida area. You may be doing mediation, arbitration, an uncontested divorce, a collaborative divorce, or a litigated divorce. Do not fall into the pitfalls during your divorce. 

Do not think everything is yours and your spouse should get nothing. 

That is clearly not the law in Florida. You can read the Equitable Distribution statute which is Florida Statute 61.075. That explains how marital and nonmarital liabilities and assets are divided in Florida. Even if you made all the money during the divorce from your employment, your spouse is entitled to half. That is, unless you have a prenuptial agreement that the judge rules is binding on the parties and which states how the assets and debts are divided. Most spouses in Florida lack a prenuptial agreement.Therefore. Florida Statute 61.075 controls.

If you have a long term marriage, then you most likely need to be prepared to pay durational alimony in accordance with the alimony formula. 

The alimony statute in Florida is Florida Statute 61.08. There must be an actual need for alimony in order to obtain alimony in Seminole County, Florida. If both parties are going to receive multimillion dollars settlements in equitable distribution, then there may be no need for alimony because the other spouse can live off of their interest income dividends. Further, you cannot receive alimony if your spouse truly does not have the ability to pay alimony.

These same principles apply to attorneys fees. There must be a need for attorney’s fees and ability to pay by the other spouse.

Another pitfall is thinking you can keep the children from your spouse. That is most likely not going to happen. There is a presumption of fifty-fifty time sharing in Florida. Unless your spouse has been convicted of felony domestic violence in the presence of the child, or has abused, abandoned or neglected the children, then each spouse will most likely receive-fifty fifty timesharing. If you are unreasonable and refuse to follow your attorney’s advice and the law, then you will probably hurt your case. Further, you will pay a fortune in attorney’s fees for your attorney having to defend your bad behavior. You may not like the Florida divorce laws; and you may think they are unfair. However, the law is the law, and you must follow it.

These are a few things to keep in mind while navigating your Lake Mary, Florida and Orlando, Florida divorce.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney client privilege.