Legal Counsel is helpful in a Divorce Action.

 

Divorce can be a very stressful period in a person’s life, and is made a little less so with access to the information required for a smooth filing to end a failed marriage.  Orlando divorce petitions are filed in the Ninth Judicial Circuit Court in a Florida “no fault” action, where it is only necessary for one party to say the marriage is “irretrievably broken” without placing blame.

Florida Statute Chapter 61 Topics to be Considered to File Divorce Action in Orlando:

Residency – at least one party to the action must be a resident of Florida for six months prior to divorce, and file the paperwork in the county of residency.

Alimony – financial support to a divorced party from their former spouse, usually the main financial provider of the marriage, made under order of the court.

Child Support – financial support based on each parties’ income; child care and insurance costs for the dependents, and how many overnights each parent spends with the child.  Child Support Guidelines Worksheets must be completed by both parties and attached to final agreement.

Parental Visitation/Shared Custody– a schedule to be decided upon in advance when shared custody is agreed upon and ordered by the court, considering factors such as:

  • Child preference if over 13 years of age.
  • Parents preference if in agreement.
  • Mental and physical health of parties.
  • Child’s community, school and home environment.
  • Parental history of violence.
  • Relationship between child and each parent.
  • Moral standing is taken into consideration – so adultery may be a factor here.

Distribution of Marital Assets/Liabilities – distributing the assets and liabilities between the parties to the divorce as directed by the court.

Emergency Support – financial support sought after for a separated party before the divorce can be finalized and spousal/child support mandated by the court in the divorce action.

Marital Settlement Agreement – a formal agreement between the divorcing parties spelling out agreed upon terms regarding finances, dependent care, shared visitation, and expenses incurred over child support obligations for dependents.

Divorce Action Types in Orange County, 9th Judicial Circuit Include:

1) Simplified dissolution of marriage – can happen on the same day if both parties agree that the marriage cannot be saved, at least one of the parties has been a resident of Orange County for six months, the division of property and obligations are handled, there are no children as a result of the marriage (or pending pregnancies), there will be no alimony sought out and both parties are giving up the right to trial or appeal on the matter.

2) Dissolution of Marriage with Dependent Children – a parent education and family stabilization course must be attended by both parties of the marriage, the marriage must be irretrievably broken, and there must be a child or pregnancy resulting from the marriage, and one of the parties must be a resident of Orange County for six months.  Each parent must file their certificate of attendance to the parent education course with the court.

3) Dissolution of marriage with no children –  the parties have marital assets and liabilities but there are no dependents resulting from the marriage and the wife is not pregnant, one of the parties must be a resident of Orange County for six months.

4) Dissolution of marriage with no children or property –  the parties have no marital assets or liabilities, no minor dependents, the wife is not pregnant and one of the parties must reside in Orange County for six months.

Hire an Attorney.

Divorce is a time consuming, emotional, financial and family upheaval for which you will need to seek a professional at the Aikin Family Law Group to point you in the right direction for your personal, family and financial future.

Aikin Family Law Group

2180 Park Avenue North

Building 100

Winter Park, Florida 32789

Phone: 407-644-4040

Facsimile: 407-644-4414

 

Sources:

https://www.myorangeclerk.com/Divisions/Family/Family-Law

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061ContentsIndex.html