At the law firm of
Longwell & Gentle, P.A. we understand the emotional and financial
impact a divorce can have on a person’s life. This can be a time period
in your life where you are questioning whether or not it is worth saving
your marriage, if the situation is emotionally tolerable anymore, or if
you are better off living with or without your spouse? Our goal in
representing our client’s is to try and ease this emotional process as
much as possible, to protect our client’s financially, and to assist our
client’s in improving their family lifestyle with a reasonable
resolution. We are here to provide you with a truthful assessment of the
possibilities involved in your case, and as experienced family law
attorneys we prepare for our cases as if they were to be aggressively
litigated, but in the best interest of our clients, always keeping in
mind the opportunity to settle all matters fairly. Involving a
knowledgeable family law attorney as soon as possible in the divorce
process is one of the best ways to preserve your own long-term financial
and emotional health.
Grounds
for Divorce / Dissolution of Marriage
The legal term in the
State of Florida
for divorce is “Dissolution of Marriage.” In the State of Florida there are
only two (2) requirements to obtain a Dissolution of Marriage: One person has been a
resident in the State of Florida
for six (6) months prior to filing the dissolution of marriage with the
court;
That one of the parties
believes that the marriage is irretrievably broken. A Dissolution of Marriage
is a judicial decree by which the bonds of marriage and the legal
duties are dissolved. The State of Florida is considered a “no fault”
state; either party may obtain a divorce, even if the other spouse does
not consent to the divorce. In essence, there is no necessity to go into
detail as to why there has been a break-down in the marriage, a vague
statement to the court as to why the parties can longer exist as husband
and wife is usually sufficient.
Types
of Divorce
Uncontested
Dissolution of Marriage
There are two different
types of divorces: An Uncontested Dissolution of Marriage and a
Contested Dissolution of Marriage. An uncontested dissolution of
marriage is where the parties are in agreement in reference to the
marriage being irretrievably broken, and have resolved all other issues.
An experienced attorney can help you determine if you qualify for an
uncontested dissolution of marriage, as there are specific requirements
that must be met. In the event, that the parties are unable to qualify
or reach an agreement for an uncontested dissolution of marriage, and
then a contested divorce exists.
Dispute
Resolutions and Contested Divorces
When a contested divorce
exits, then the typical issues
that must be resolved are:
- Property Division
- Equitable Distribution of
any assets and debts
- Alimony or spousal
support
If there any children
that were born or adopted of the marriage, then:
- Child Custody
- Visitation
- Child Support
After the dissolution of
marriage has been filed with the court, but prior to trial, the parties
can seek alternate dispute resolutions, and in most cases shall be
ordered to attend mediation in order to try and resolve their issues
amicably. Alternate Dispute Resolutions and Mediation can be helpful as:
(1) They can be less expensive than litigating your case at trial; (2)
there is less emotional stress involved; (3) provides a faster
resolution, and; (4) they also can help preserve the relationship of the
parties, especially when they have children in common. We at Longwell
& Gentle, P.A., like to emphasize to our clients that mediation is
an opportunity for the parties to have control over their future. It
allows them to make their own decisions regarding their life and the
lifestyle of their children. Mediation also can provide parties the
ability to construct solutions that are creative and outside the
authority of the courts.
In the event the parties
are unable to reach an agreement in reference to the issues involved in
their dissolution of marriage, then the matters shall be heard at trial
and the decision regarding property, alimony, equitable distribution,
and what is in the best interest of the children shall be made by a
family law judge.
Longwell & Gentle
serves all of Central Florida, including Orange,
Osceola, Seminole, Brevard, Volusia, and Lake
counties. We offer a free consultation that allows you to meet personally
with one of our family lawyersto confidentially discuss your case.
Spanish speaking family law attorneys and staff are available to further
assist our clients. Our firm has reasonable
fees and flexible payment plans.
Longwell & Gentle works hard to achieve the best possible outcome
for our clients.
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