Sometimes a divorce involves spouses who have not been married for very long, have no children in common, and no assets or debts to settle — this type of case is often simple to resolve. Spouses divorcing from a long-term marriage with one or more minor children in common and significant assets and debts to divide face a more complex and time-consuming divorce process. Our divorce attorneys are here to help you with this process, no matter how simple or complex the circumstances may be.
We understand that the dissolution of marriage process is often the most difficult event in a person’s life. Attorneys with Law Office of Silverman, Mack & Associates are available to help you through your divorce case in the most efficient manner as possible, while vigorously defending your legal rights throughout each step.
Common Types Of Divorce
Our Gainesville attorneys have years of experience with managing and litigating a number of different types of divorce in the State of Florida, including the following. Contact us to schedule a free initial consultation and speak with a lawyer about your divorce case.
- Business & Divorce
- Collaborative Divorce
- Divorce with Young Children
- Doctor's Divorce
- High-Asset Divorce
- Highly Contested Divorce
- Contentious Divorce
- Military Divorce
- No-Fault Florida Divorce
- Uncontested Divorce
Children’s Issues In Divorce Cases
A number of the most litigated aspects within divorce cases involve children’s issues. Courts currently implement parenting plans with equal time-sharing arrangements more frequently than in the past. An equal time-sharing schedule can be the best option for both parents as well as the child. In some cases, however, one party may feel that the child is not safe with the other party but the other party insists on equal time-sharing. Our attorneys are prepared to take your case to court and present the evidence that will allow for the best possible results regarding child custody arrangements.
Why Hire A Lawyer?
Even in divorce cases where the parties have an agreement as to all issues, it is still important to hire an experienced attorney to draft the agreement to best protect your interest. A settlement agreement is a contract that resolves the issues in a divorce and our attorneys are able to avoid common pitfalls due to their experience in handling family law litigation both before and after the dissolution of marriage. Additionally, the family law forms can be confusing even under the best of circumstances — contact our family law attorneys today.
Another contentious issue is the issue of alimony. Matters regarding alimony are often left at the discretion of the presiding judge. For example, permanent-periodic alimony may be payable for the rest of a spouse’s life, which means that the payor and the payee have significant risk in making the decision to settle and/or litigating the issue before the Court. It is important that you hire a knowledgeable attorney to help with making this decision.
Frequently Asked Questions About Divorce
What’s The Difference Between A Divorce & An Annulment?
Divorce is a process that terminates a valid marriage between two individuals. A spouse does not have to be “at-fault” for a divorce to be granted. On the other hand, an annulment is a legal process that voids an illegitimate marital union between two individuals. In order to be approved for an annulment, there must be proven grounds. Factors such as mental incapacity or force at the time of the marriage may constitute the necessity of an annulment.
Once an annulment is obtained, the marriage is deleted from all public records (as if it never existed). This is different from divorce because although divorce terminates marital unions, the notion of the divorce is always accessible via public records.
Because the marriage is considered illegitimate, most spouses who gain annulments do not qualify for certain marital benefits, such as alimony. In fact, property is not distributed between spouses during annulments as is done during divorce. The individuals are required to leave the marriage with what they owned before entering the marriage. Of course, if there are children involved, there may be some exceptions.
What Is The Difference Between Marriage Dissolution & Divorce?
Divorce requires the authority of a judge to make governing decisions on the terms and conditions of marital termination. A marriage dissolution, however, enables spouses to reach a solution to their divorce independently. These terms and conditions are then submitted to a court of law for approval. Marriage dissolution is appropriate for spouses who are able to compromise, negotiate, and work together to solve issues, such as property distribution, alimony, and parental time sharing.
Are There Any Residency Requirements?
Yes. In order to gain a divorce in the state of Florida, the petitioner, or the spouse who files for divorce, must have residency in the state of Florida for at least six months.
What Happens If I Don’t Consent To A Divorce?
We understand that this is an unfortunate predicament to be in. Consider speaking to your spouse if you do not want a divorce. In some cases, spouses are able to be open and honest with each other. Through marital counseling sessions, they are able to address their issues and seek solutions that make a long-term marriage possible. Every marriage — and the issues therein — varies. If your spouse still decides to file for divorce, you will be forced to participate in divorce proceedings and terminate your marriage.
How Is Property & Debt Distributed During Divorce?
If there is no prenuptial or postnuptial agreement available to govern how property and debt are distributed, courts will depend on Florida divorce guidelines. Generally, community property and debt are divided equitably between the spouses during divorce.
Can I File For Divorce In Florida If I Was Married In A Different State?
Yes. It is a common misconception that spouses are required to divorce in the same state that they wed. If you did not get married in the state of Florida, you can still file for divorce in the state of Florida in so long as you meet Florida’s residency requirements.
What Is The Process Of Divorce?
The first step that divorce requires is a petition for divorce by one of the spouses. If spouses are able to address their issues in a civil and cooperative manner, they may select a collaborative approach to divorce, such as arbitration or mediation. Or, they may petition for a marriage dissolution. In cases in which spouses are unable to agree on issues, a court of law will be responsible for determining the conditions of the divorce.
During the divorce process, you should expect to meet regularly with your attorney. You should also expect periodical court hearings in which you (or your legal representative) will have the opportunity to present your requests to the judge. Upon evaluating the details and requests from both parties, the judge will make decisions about any children, property, and debt.
Do I Need A Lawyer For My Divorce?
Yes. If you are preparing to divorce, a Gainesville divorce lawyer will benefit you. Divorce proceedings can be slightly invasive, as all of your assets, property, debt, and other resources, (as well as the intimate or private matters of your marriage) must be disclosed to a public court of law. Divorce can be a stressful, emotional and even intimidating process. When separating from your spouse, it is important to ensure that you leave a marriage with the necessary means to survive on your own. If you seek legal counsel, you will have an invaluable source of support and guidance to assist you during the divorce process. As a result, you are much more likely to achieve a favorable outcome.
When Is The Best Time To File For A Divorce?
There are numerous factors that you may wish to consider before filing for divorce, such as the ages of young children, prenuptial or postnuptial agreements, and how divorce will impact your family. In matters involving domestic abuse, we recommend that you gain a divorce as soon as possible to secure your safety and wellbeing. If you wish to learn more about the divorce process in Florida, visit our divorce law firm in Gainesville, FL. While we cannot tell you when to pursue a divorce, we can listen to your concerns and present information for you to consider when making your choice.
Is There A Difference Between Community & Non-Community Property?
Yes. Community property is marital property. These types of assets and debt are shared between spouses. They are often earned and developed during the marriage. So, during a divorce, community property is divided evenly. Meanwhile, non-community property is non-marital property. Most of these assets are acquired before the marriage and/or belongs to one individual. Noncommunity property is not divided between spouses during divorce.
Is There Anything That I Need To Prove To Gain A Divorce?
No. Florida is a no-fault state. This means that if you desire to gain a divorce, you just have to file for a petition to divorce with the relevant court of law. There is nothing to prove. You do not need to indicate that someone or something is to blame for a divorce. In fact, most divorces that are granted in the state of Florida are based on irreconcilable differences within a marriage or an irretrievable breakdown of the marriage.