What are the requirements for divorce with children in Orlando Florida?
Contact legal counsel for information regarding a divorce action that involves children, as the process can be more involved.
Divorce is stressful.
The second most stressful life event according to the Holmes and Rahe stress scale is divorce. If you are anticipating a divorce action, it is helpful to review information ahead of time to streamline the process and reduce the stress to you and your family successfully leading to the closure of a failed marriage. Orlando divorce petitions are filed in the Ninth Judicial Circuit Court in a State of Florida “no fault” action where it is only necessary for one party to say the marriage is “irretrievably broken” without placing blame. The stress can fall onto the children as well and should be accounted for in this situation.
Divorce with children may take longer.
Dissolution of marriage with dependent children may take longer than actions without children or property. This action requires attendance at a parent education and family stabilization course by both parties, 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.
- 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.
- 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 – a schedule to be decided upon in advance when shared custody is agreed upon and ordered by the court.
- Distribution of Marital Assets/Liabilities – distributing the assets and liabilities between the parties to the divorce as directed by the court.
- 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.
- 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.
Final agreement affects children.
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 actions without children.
Other divorce action types in Orange County, 9th Judicial Circuit include simplified dissolution, dissolution of marriage without children, dissolution of marriage with no children or property and tend to be less complicated because there are no other parties involved, or dependent support issues to disagree about.
1) Simplified dissolution which 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 no children; Both 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.
3) Dissolution of marriage with no children or property; Both 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
https://www.divorcesource.com/ds/florida/residency-requirements-for-a-florida-divorce-816.shtml
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