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Orlando Divorce Lawyer

The Statista research department found that 630,000 U.S. couples experienced divorce in 2020 alone, and this number was down from 750,000 the year before. Despite its commonness, divorce is an emotionally taxing ordeal that impacts every family member, often including extended family members. The effects can be felt for a lifetime.

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The Statista research department found that 630,000 U.S. couples experienced divorce in 2020 alone, and this number was down from 750,000 the year before. Despite its commonness, divorce is an emotionally taxing ordeal that impacts every family member, often including extended family members. The effects can be felt for a lifetime.

That is why ensuring you are well-represented during the divorce process is important. At the O’Mara Law Group, our family law attorneys are both skilled and passionate about protecting client interests during the divorce process.

Divorce Cases We Handle

At the O’Mara Law Group, we understand that every divorce is unique, and we pride ourselves on going the extra mile to understand the needs and wishes of our clients as well as the intricacies of each divorce.

Men’s Divorce Lawyer

Men face unique challenges in divorce. This is especially apparent in child custody disputes.

Like most other states, Florida’s child custody laws are gender-neutral, but according to The Washington Post, fathers across the country feel alienated from their children and overwhelmed by child support obligations. 

Women’s Divorce Lawyer

Women are more likely to face financial uncertainty after a divorce. A 2017 Pew Research study revealed that only about a third of married or cohabiting women contribute more than half of the income to a household.

Women who also end up with most of the parenting time face an even greater likelihood of experiencing poverty after a divorce. In addition, according to the U.S. Census Bureau, less than half of custodial parents receive the full amount of child support they are due.

Same-Sex Divorce Lawyer

Retirement Daily has made note of the following unique issues same-sex couples may face in a divorce:

  • Post-Marriage Equality: Many same-sex couples were forced to cohabitate for years before same-sex marriage became legal, raising questions about which property should be considered marital property.
  • Child Custody: Same-sex couples may have children to whom only one spouse is a biological parent, but both spouses are essentially their parents.

An informed law firm is well-prepared to tackle these issues and help same-sex couples continue their ongoing battle for equality.

Types of Divorce in Orlando

Florida state laws refer to divorce as the dissolution of marriage and specify the following divorce types:

  • Simplified dissolution of marriage, the fastest and easiest divorce, is allowed only under the following conditions:
  • Dissolution of marriage with no children and no property
  • Dissolution of marriage with no children
  • Dissolution of marriage with children

At least one spouse must have resided in the state of Florida for six months or more. Divorcing parents must attend a state-approved parenting class designed to reduce the effects of divorce on children.

Collaborative Divorce

Florida § 61.55 establishes a collaborative law process for dispute resolution. A collaborative divorce is a voluntary settlement procedure designed to reduce the emotional and financial toll of litigation. 

Collaborative divorces help to divorce couples develop a win-win divorce settlement in a manner that promotes mutual respect, insulates the children from conflict, and helps each spouse feel empowered. Mark O’Mara is certified in collaborative law and has helped many divorcing couples achieve win-win divorce settlements through this avenue.

Grounds for Divorce in Florida

Florida is a no-fault state in divorce cases, which means one party does not have to prove wrongdoing by the other.

State law provides the following two grounds for divorce:

  • Irretrievably broken marriage
  • Incapacity of one spouse

Is Florida a community property state?

Florida is an equitable distribution state. This means that rather than dividing marital property evenly between the former spouses, the property will be divided based on what the court deems fair after considering details about the marriage, including each party’s contributions and economic circumstances, the duration of the marriage, and other relevant factors.

Divorcing couples may own property jointly and individually. When considering how property will be divided between the spouses, the court must differentiate between marital and nonmarital property. In most cases, only marital property is subject to division. 

Due to the degree to which married couples meld their lives together, this is not always straightforward. Our Orlando divorce lawyers can help ensure you receive your fair share of the marital property and that your nonmarital property is protected.

Marital Property

Marital assets and liabilities include the following:

  • Assets and liabilities gained during the marriage, whether individually or jointly
  • Appreciation of nonmarital assets as a result of the effort of either or both spouses
  • Mortgage pay downs from marital funds
  • Interspousal gifts
  • Retirement, pension, profit sharing, annuity, deferred compensation, and insurance plan programs
  • Real estate held by both parties as tenancy by the entirety (each has an undivided interest), whether acquired before or during the marriage
  • Personal property titled jointly, regardless of when it was acquired

Nonmarital Property

Examples of nonmarital property include:

  • Assets and liabilities gained before the marriage
  • Assets acquired separately
  • Income derived from nonmarital assets during the marriage unless the income was treated as a marital asset
  • Assets and liabilities excluded by a written agreement
  • Liabilities incurred by forgery or unauthorized signature

Will I lose my home in a Florida divorce?

If you wish to keep your home, you will need a signed agreement or a determination by the court that awarding you the house is equitable. Our attorneys at the O’Mara Law Group can help you keep your home in many cases.

Child Custody

Child custody is often the most contentious issue in a divorce proceeding. The state of Florida’s sole consideration is the child’s best interest. Even when both parents wish to act in the child’s best interest, they may not agree on what that is. As divorce and child custody attorneys, our job is to show the court why your desires are in your child’s best interest.

The Parenting Plan

The parenting plan is a detailed document that describes how the parents will share responsibilities, split parenting time, communicate with the child, and delegate decision-making.

Child Support

State child support guidelines provide the court with guidance in awarding child support. The financial resources of each parent, parenting time, cost of health insurance, and childcare expenses are considered when awarding child support.

Ideally, these matters are resolved by agreement before the court date. Our child support attorneys can provide mediation services and help couples come to an agreement. If this is not possible, we are always well prepared to litigate on your behalf in court.

Relocation

A parent sharing custody of children with a former spouse who wishes to relocate with the children to any location more than 50 miles away must reach a formal written agreement with the other spouse or petition the court for authorization to do so.

The court will base its decision on the child’s best interest, including any enhanced emotional, financial, and educational benefits to the child. The court will also consider whether the move is in good faith or an attempt to deprive the other parent of parenting time.

The parental relocation attorneys at O’Mara Law Group can help divorced couples draft an agreement, or if necessary, we can file a relocation petition in court and litigate for you.

Alimony

Alimony is spousal support awarded when the court deems it necessary to provide a fair and equitable circumstance to both spouses. The circumstances the court considers include the following:

  • The standard of living during the marriage
  • The duration of the marriage
  • The age and physical/emotional condition of each party
  • The financial resources of each party
  • Each party’s earning capacity, education, skills, and employability
  • The time needed to become more employable
  • Each party’s contribution to the marriage
  • Child-rearing responsibilities
  • Tax consequences of alimony to both parties
  • Income and assets of both parties
  • The occurrence of adultery

Alimony can be a one-time lump-sum payment, temporary periodic payments, or permanent payments, depending on the circumstances. The award negotiated by a skilled alimony lawyer will not leave the paying party with a lower income than the recipient except in special cases as determined by the court.

How long does it take an Orlando divorce to be finalized?

This will vary by the complexity of your case. A simplified, uncontested, or collaborative divorce could be finalized in a matter of weeks. Contested and complicated divorces can take months or even longer to resolve.

How can a family lawyer in Orlando help me with my divorce case?

Even in amicable divorces, emotions can get in the way of decisions, and disagreements can arise. If you are unfamiliar with state divorce laws, you could unknowingly forfeit some of your rights. An experienced divorce attorney can protect your interests.

Even after the divorce, you may need a divorce attorney. Changing circumstances may necessitate post-divorce modifications. You may require adjustments to alimony, child support, or parenting time. Our experienced divorce lawyers in Florida can help you request post-divorce modifications, even if we were not involved in your original case.

How much does a divorce attorney cost in Florida?

The cost of a Florida divorce varies based on multiple factors such as:

  • Whether the divorce is contested
  • The duration of the marriage
  • Whether children are involved
  • The amount and types of property to be divided

Hiring a divorce attorney is an investment that can pay significant long-term dividends.  Many of our clients have found that the cost of hiring an attorney was much lower than what they would have lost had they proceeded without representation.

What if I can’t afford a divorce lawyer in Florida?

The circumstances of your case may justify a court order for the other spouse to pay your attorney fees, as permitted by Florida § 61.16.

How much does a divorce cost in Florida without a lawyer?

This will depend on the type of divorce and which petitions need to be filed. Every divorce petition requires the payment of filing fees. The filing fee for a basic divorce petition, not including the summons, is $408. Additional fees apply if you need to file numerous petitions during the case, such as a petition to establish paternity or to counter petitions filed by your spouse.

Why is O’Mara Law Group the best choice for an Orlando divorce attorney?

The O’Mara Law Group is an established and respected Orlando divorce law firm with over thirty years of experience in uncontested and contested divorce proceedings. Our attorneys operate with empathy and sensitivity, working hard to diffuse tension between divorcing spouses when appropriate and giving special attention to every important detail.

Mark O’Mara’s experience uniquely qualifies him to handle the most sensitive and complicated divorce cases:

  • Board-certified marital and family law attorney
  • Supreme Court–certified family mediator
  • Circuit civil mediator
  • Certified collaborative law attorney
  • A law professor at four universities and law schools, including Harvard Law School
  • Former president of the Central Florida Family Law American Inn of Court

Through Mr. O’Mara’s prominence in the legal profession, he has been able to assemble a team of the finest family law attorneys in the state and beyond:

When you choose the O’Mara Law Group to handle your divorce, you are in the capable hands of attorneys with proven experience. Contact us today to schedule a consultation.

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