Divorce

Divorce AttorneyAre you considering a divorce in Orlando, Florida? An Orlando divorce lawyer at McMichen, Cinami & Demps can help you understand your rights and prepare for the legal and financial issues ahead. Call us today at (407)898-2161 to schedule a free consultation and discuss your options.

Divorce can affect your finances, property, living arrangements, and relationship with your children. Florida law governs divorce and family law matters, such as property division, alimony, child support, and parenting plans. Understanding how laws apply to your situation can help you make informed decisions as you move forward.

Why Choose McMichen, Cinami & Demps to Help With My Divorce in Orlando, FL?

Why Choose McMichen, Cinami & Demps to Help With My Divorce in Orlando, FL?

McMichen, Cinami & Demps is a dedicated family law firm with over 50 years of combined experience in family law. Our legal team includes an attorney who is Board Certified in Marital and Family Law, as well as attorneys trained in collaborative law.

Additionally, members of our legal team have been recognized by respected legal organizations, including:

  • Super Lawyers
  • The National Advocates (Top 100 Lawyers)
  • The American Institute of Family Law Attorneys

An Orlando family lawyer at our firm can help you address property division, support, parenting matters, and other issues that may arise during your divorce. We will work to understand your priorities and develop an approach based on your family’s circumstances.

If you are preparing for a divorce in Orlando, FL, our attorneys can explain the process and help you understand your options. Contact one of our Orlando divorce attorneys today for a free consultation.

An Overview of Divorce Laws in Florida

Florida uses the term “dissolution of marriage” for divorce. To file for divorce in the state, at least one spouse generally must have lived in Florida for at least six months before filing.

Florida does not require a spouse to prove adultery, abandonment, or other misconduct to end most marriages. A court may grant a divorce when the marriage is irretrievably broken. Florida law also provides a separate basis involving the mental incapacity of a spouse under specific circumstances.

A divorce can involve much more than legally ending a marriage. Depending on the couple’s circumstances, the court may need to address the division of property and debts, alimony, child support, parental responsibility, and time-sharing. Some spouses agree on these matters, while others need the court to resolve disputes.

What Are the Grounds for Divorce in Florida?

Florida is a no-fault divorce state. This means a spouse generally does not have to prove adultery, abandonment, or other wrongdoing to get divorced. Most divorces are based on the marriage being irretrievably broken.

If one spouse disputes that the marriage is irretrievably broken, the court may delay the case, order counseling, or take other steps allowed by Florida law.

Mental incapacity can also be grounds for divorce in limited circumstances. The spouse must have been legally found incapacitated for at least three years.

What Are the Types of Divorce?

The right approach to divorce depends on whether the spouses agree about the issues that must be resolved. 

Common types of divorce include:

  • Uncontested divorce, when spouses agree on all the terms
  • Contested divorce, when one or more issues remain disputed
  • Simplified dissolution of marriage for couples who meet Florida’s requirements
  • Collaborative divorce, which allows spouses to work toward an agreement outside traditional litigation

Even an uncontested divorce requires the spouses to address the legal issues that apply to their marriage. A divorce can also begin as uncontested and later become contested if disagreements arise.

A divorce lawyer in Orlando can explain which process may fit your circumstances and help you understand the decisions you will need to make.

What Are the Differences Between a Contested and Uncontested Divorce?

An uncontested divorce generally means the spouses have reached an agreement on the issues that must be resolved. Depending on the case, these may include property division, debts, alimony, and other financial matters.

When spouses have minor children, they may also need to resolve issues involving a parenting plan, time-sharing, and child support.

A contested divorce occurs when the spouses cannot agree on one or more issues. The parties may use negotiation or mediation to try to resolve their disagreements. If disputes remain, a judge may ultimately decide them.

Contested cases can require more discovery, court hearings, expert analysis, and preparation than uncontested cases. The level of conflict and complexity can also affect how long the divorce takes and how much it costs.

What Are the Steps to File a Divorce in Orlando?

A Florida divorce generally begins when one spouse files a petition for dissolution of marriage. The exact process depends on the issues involved and whether the spouses can reach an agreement.

Common steps in the divorce process can include:

  1. Filing a petition for dissolution of marriage
  2. Serving the other spouse with the required documents
  3. Receiving an answer or other response
  4. Exchanging required financial information
  5. Identifying disputed property, support, and parenting issues
  6. Negotiating directly or participating in mediation
  7. Asking the court to decide unresolved matters when necessary
  8. Obtaining a final judgment of dissolution

Additional steps may be necessary in cases involving complex property, businesses, high-value assets, or disputed parenting matters.

Careful preparation can help you understand the financial and legal issues that must be resolved before your marriage can be dissolved.

How Long Does It Take to Get a Divorce in Orlando?

There is no single timeline for an Orlando divorce. Florida law generally prevents a court from entering a final judgment until at least 20 days after the original divorce petition is filed, unless the court finds that delaying the judgment would result in injustice.

That does not mean most divorces are completed in 20 days. An uncontested case may move faster than a case involving major disputes.

Factors that can affect the timeline include:

  • Disagreements over property or debts
  • Alimony disputes
  • Parenting and time-sharing issues
  • Complex financial assets
  • Discovery
  • Mediation and settlement negotiations
  • The need for expert opinions
  • The court’s schedule

A case that goes to trial may take longer than one resolved through an agreement. Your attorney can explain the likely steps based on the issues involved in your divorce.

How Are Property and Debts Divided in a Florida Divorce?

Florida follows an equitable distribution system for marital assets and liabilities. The court first identifies which property and debts are marital or nonmarital. It begins with the premise that marital assets and debts should be divided equally, although certain circumstances may justify an unequal distribution.

Marital assets and liabilities may include:

  • Real estate acquired during the marriage
  • Bank and investment accounts
  • Retirement accounts
  • Business interests
  • Mortgages
  • Credit card balances
  • Vehicle and personal loans

Certain property owned before marriage or received individually as a gift or inheritance may be considered nonmarital. However, how property is used or combined during the marriage can affect its classification.

Complex divorces may require valuations of businesses, real estate, retirement accounts, and investments. A divorce order assigning a debt to one spouse also does not necessarily remove the other spouse’s contractual responsibility to a creditor.

Can I Receive Alimony After a Divorce in Florida?

Alimony is not automatically awarded in every Florida divorce. The court must first determine whether one spouse has an actual need for support and whether the other spouse has the ability to pay.

Current Florida law permits several forms of alimony:

  • Temporary alimony
  • Bridge-the-gap alimony
  • Rehabilitative alimony
  • Durational alimony

The court can consider factors such as the length of the marriage, the standard of living during the marriage, each spouse’s age and health, income and resources, earning capacity, and contributions to the marriage.

Because alimony can have long-term financial effects, both spouses should understand how Florida’s current rules may apply before agreeing to support terms.

How Is Child Custody Decided in an Orlando Divorce?

Florida law generally uses the terms “parental responsibility” and “time-sharing” instead of treating custody as a simple question of which parent wins or loses.

Parents generally need a parenting plan that addresses how they will share responsibility for their child and when the child will spend time with each parent. Parents can agree on a plan, but the court must approve it. If they cannot agree, the court can establish one.

Florida courts make parenting decisions based on the child’s best interests. The law identifies several factors courts must consider when evaluating a parenting plan and time-sharing arrangement.

Current Florida law also creates a rebuttable presumption that equal time-sharing is in a child’s best interests. However, the presumption can be overcome, and the final arrangement must still serve the individual child’s best interests.

How Is Child Support Determined in Florida?

Florida uses statutory child support guidelines to calculate support. The calculation considers the parents’ incomes and other information required under the guidelines rather than simply choosing an amount that seems fair.

Factors that can affect child support include:

  • Each parent’s income
  • The number of children
  • The time-sharing arrangement
  • Health insurance costs for the child
  • Child care expenses
  • Certain allowable deductions and adjustments

Courts can deviate from the guideline amount when Florida law allows it and the circumstances justify a different amount.

Child support and time-sharing are separate legal issues. A parent should not withhold court-ordered time with a child because support has not been paid, or stop paying support because of a time-sharing dispute. Legal remedies may be available when either type of order is not followed.

What Happens to the Family Home in a Divorce?

There is no single rule requiring the marital home to be sold during a Florida divorce. The right outcome depends on the couple’s finances, ownership interests, children, and other circumstances.

The spouses may agree to sell the house and divide the proceeds. One spouse may also keep the home as part of the overall property distribution, which can require addressing the mortgage and the other spouse’s interest.

Florida law also allows courts to consider whether it is desirable to keep the marital home as a residence for a dependent child when doing so is equitable, in the child’s best interests, and financially feasible.

A home’s equity, mortgage balance, ownership history, and source of funds used to acquire or improve it can all become important during property division.

We Handle All Types of Family Law Cases

Our lawyers handle virtually all divorce-related issues, including the following:

As a dedicated family law firm, our attorneys also handle all family law matters, including:

Together, these services allow our attorneys to address the legal, financial, and family issues that may arise during or after a divorce.

How Much Does a Divorce Cost in Orlando?

There is no standard cost for a divorce in Orlando. The total expense depends on the complexity of the case and how much the spouses disagree.

An uncontested divorce may require less legal work than a contested case involving property, support, or parenting disputes. Costs can also increase when a case requires extensive discovery, depositions, business valuations, financial experts, court hearings, or a trial.

Attorney’s fees are only one possible expense. Filing fees, service costs, mediation, and expert fees may also be involved.

Florida law allows a court to order one spouse to pay a reasonable amount toward the other spouse’s attorney’s fees and costs in some family law proceedings. Whether such an award is appropriate depends on the circumstances.

How Can a Divorce Lawyer Help?

Florida law does not require every person filing for divorce to hire an attorney. However, a divorce can involve important decisions about your children, property, debts, support, and long-term finances.

A divorce lawyer at McMichen, Cinami & Demps can help by:

  • Explaining your rights under Florida law
  • Identifying issues that must be resolved
  • Reviewing financial records and assets
  • Helping address property and debt division
  • Negotiating with your spouse or their attorney
  • Preparing and reviewing divorce documents
  • Representing you in court when necessary

A family lawyer in Orlando can help you understand how Florida law applies to these issues and guide you through the divorce process.

Frequently Asked Questions About Divorce

Do I Have to Go to Court to Get Divorced?

You may need to appear in court during your divorce, but the extent of court involvement depends on the case.

Spouses who resolve their issues through an agreement may face fewer court proceedings than those in a contested divorce. Cases with unresolved disputes can require hearings and, in some situations, a trial.

Even when spouses agree, a judge must ultimately enter a final judgment dissolving the marriage. Your attorney can explain what appearances are likely to be required based on the type of divorce you are pursuing and the procedures used by the court handling your case.

Can My Spouse Stop Me From Getting a Divorce?

A spouse generally cannot permanently prevent a Florida divorce simply by refusing to agree to it. Florida law allows a marriage to be dissolved when it is irretrievably broken.

A spouse can dispute whether the marriage is irretrievably broken. When minor children are involved, or a spouse denies that the marriage is broken, Florida law gives courts options that may include ordering counseling, continuing the case for up to three months, or taking other action the court believes is in the parties’ and children’s best interests.

A resistant spouse can complicate the process, but disagreement alone does not necessarily prevent a divorce.

Do We Have to Be Separated Before Filing for Divorce in Florida?

No. Florida does not generally require spouses to live separately for a set amount of time before filing for divorce.

Instead, Florida has a residency requirement. At least one spouse generally must have lived in the state for six months before filing the petition for dissolution.

Spouses may decide to live apart before or during a divorce, but separation can raise practical questions about the home, expenses, children, and access to property. Before making major financial or parenting decisions during a separation, it can be helpful to understand how those choices may affect the divorce.

Contact Our Experienced Orlando Divorce Lawyers for Legal Help

Divorce can require you to make important decisions about your property, finances, children, and future. Having legal guidance can help you understand your rights and avoid making major decisions without knowing their possible consequences.

McMichen, Cinami & Demps focuses on family law and brings over 50 years of combined experience to clients facing divorce and related matters. Whether your case involves complex financial issues, parenting disputes, or an agreement that needs to be finalized, our attorneys can help you determine a path forward.

Give us a call today to schedule a free initial consultation with an Orlando divorce attorney. We can review your circumstances, answer your questions, and explain the legal options available to you.