Orange County Divorce Lawyer

Orange County Divorce Lawyer

Whether you’re contemplating divorce or have been served with divorce papers in Orange County, FL, hiring an experienced attorney is critical. Divorce can be one of the most stressful things you’ll ever have to deal with. An experienced Orange County divorce lawyer can help you reach favorable solutions to the issues that will impact your entire future.

At McMichen, Cinami & Demps, our lawyers have over 50 years of experience in family law. We’ve successfully helped countless clients fight for what they need, want, and deserve.

Get the legal representation you deserve by calling our law offices in Orange County, Florida, at (407) 898-2161 to schedule a free consultation today.

Why Should I Hire McMichen, Cinami & Demps To Handle My Divorce Case in Orange County?

Why Should I Hire McMichen, Cinami & Demps To Handle My Divorce Case in Orange County?

Divorce can impact every aspect of your life, from where you’ll live to how much time you spend with your kids. Even if you and your spouse agree to divorce, divorce is never easy. When issues are contested, hiring an experienced Orange County family law attorney is even more important.

Our team at McMichen, Cinami & Demps includes an attorney who has been board-certified in marital and family law. Fewer than 1% of Florida attorneys have earned that designation from the state bar.

When you choose us to handle your divorce, you can count on our dedicated attorneys to:

  • Help you understand what to expect at every stage
  • Offer insight and solutions to issues involving property division, spousal support, child custody, and child support
  • Guide you through medication and alternative dispute resolution if advisable
  • Handle all legal paperwork
  • Represent you at any hearings and during trial if litigation becomes necessary

Whether you’re just starting the process or are stuck on an issue, our Orange County family lawyers are here to help. Call us today to schedule a free case evaluation and learn more about how we can help you through this challenging time.

Florida Divorce Laws: An Overview

Divorce is, of course, the dissolution of a marriage. Once the divorce is finalized, each spouse will once again be single.

Getting a divorce in Florida can be a relatively simple matter. That’s true if the spouses are able to agree to the terms of the divorce without much intervention or are willing to agree to mediation or arbitration. Divorce can also be a lengthy and drawn-out process when issues are contested.

Every divorce is unique. Still, it’s important to understand the Florida divorce process so that you know what to expect.

How Do I Begin the Divorce Process in Florida?

Divorce requires a significant amount of paperwork. That paperwork is filed with the Orange County court clerk. Before you file for divorce, you may not realize that there are several different types of divorce in Florida.

The exact paperwork required will depend on the type of divorce involved, including:

  • Simplified dissolution of marriage
  • Dissolution of marriage with children
  • Dissolution of marriage with property, but no children
  • Dissolution of marriage with no children and no property
  • Dissolution of marriage with children and relocation

Of course, the required filings will depend on your family’s situation.

For a simplified dissolution of marriage, both spouses sign the divorce petition.

For a “regular” dissolution of marriage, one spouse, who is called the petitioner, will initiate the process by filing the paperwork. That paperwork is then served on the other spouse, who is called the respondent. Service of the papers is merely the formal process of notifying your spouse that you’re filing for divorce.

After the respondent is served, they have 20 days to respond to the issues the petition covers.

Options for the response include:

  • An answer that states whether they admit or deny the claims in the petition
  • A counter-petition detailing claims the respondent has against the petitioner
  • No response, which is considered a default answer and allows the petitioner to proceed

Note that the divorce case can proceed even if the respondent spouse refuses to cooperate or doesn’t want a divorce in the first place.

What Are the Grounds for Divorce in Florida?

Like many states, Florida has a no-fault divorce law. You don’t have to state any specific grounds for divorce. Instead, couples simply state that the marriage is “irretrievably broken.”

In plain English, you obtain a divorce in Florida by telling the judge that the marriage can’t be saved.

However, in rare family law cases, couples may obtain a divorce based on the mental incapacity of one spouse for at least three years. In divorces based on mental incapacity, the incapacitated spouse’s relative or guardian is given notice and handles the legal issues.

How Do I Qualify for a Divorce in Florida?

Qualifying for divorce in Florida is fairly easy. However, at least one spouse must be a Florida resident for at least six months prior to filing for divorce. You file the divorce petition in the county where you live.

How Long Will It Take to Finalize My Divorce in Orange County?

The minimum waiting period that applies is 20 days. The family judge will only finalize a divorce before 20 days have passed under extreme circumstances, such as in cases involving domestic violence.

The 20-day waiting period is designed to give the respondent time to answer the petition. It also serves as a sort of “cooling off” period so the couple has time to determine whether they really want the divorce.

In reality, of course, it usually takes much longer to finalize a divorce. The exact amount of time will depend on whether any critical family law issues are hotly contested–and the degree to which the spouses are willing to compromise.

We Handle All Types of Divorce Cases in Florida

Our Orange County divorce attorneys at McMichen, Cinami & Demps handle all types of divorce cases, including those involving:

Regardless of the complexities your family is facing, you can count on our attorneys to protect you. Collectively, we have decades of solutions helping our clients find solutions to complex problems. If you have any questions or just want to learn more about this practice area, call for a free case review today.

How Is Property Divided in an Orange County Divorce?

Property division is often a contested issue in divorce proceedings. Selling off every piece of property isn’t always a workable solution.

As an initial matter, property is classified as either separate property or marital property. Most property acquired during the marriage is classified as marital property.

In Florida, courts follow an equitable distribution law when deciding how to divide marital property. Division of marital property doesn’t always result in a 50-50 split. However, courts start with the premise that an equal split is preferable.

They consider various factors in determining whether a disproportionate allocation is warranted, including:

  • Each spouse’s contribution to the marriage, including financial and household contributions
  • The desirability of an asset remaining intact and free from interference from the other spouse
  • Either spouse’s specific interests in the property
  • The desirability of having the family home preserved for children to live in

Generally speaking, courts can consider any relevant factors when dividing marital assets. While this is important to understand, it is, of course, preferable to reach an agreement without court intervention. Our certified family law specialists are experienced mediators. We can often help you reach favorable solutions so that a judge doesn’t have to decide.

How Is Alimony Handled in Orange County?

Courts in Florida have the authority to award alimony, or spousal support.

The decision will generally depend upon:

  • Each spouse’s economic position, considering economic need and ability to pay
  • The length of the marriage
  • Interruptions to either spouse’s education or career to focus on household services, childcare, and more
  • Each spouse’s education and earning potential
  • The standard of living established during the marriage

Spousal support can be paid periodically or in a lump sum. Courts may also award rehabilitative alimony to give one spouse time to complete vocational training and enter the workforce.

It’s important to know that either spouse’s behavior during the marriage can be considered in alimony-related decisions.

Child Custody and Child Support Issues

Decisions about children are some of the most difficult–and important–to the divorce process. Not all divorcing parents agree on how child custody, parenting time, and child support issues should be resolved.

Courts consider the best interests of the child when deciding child custody matters. Child support is dependent on factors like each party’s ability to pay and the amount of time the child spends living with each parent.

If you have young children, hiring an experienced attorney is the best way to protect your family.

Call an Experienced Orange County Divorce Lawyer for a Confidential Consultation Today

McMichen, Cinami & Demps is an award-winning family law firm with decades of experience. You can count on our Orange County divorce lawyers to stand by your side throughout the entire divorce process. To learn more about how we’ll use our experience to your advantage, contact us today for a free consultation.

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Visit Our Divorce & Family Law Office In Orlando, FL

McMichen, Cinami & Demps
1500 E Concord St, Orlando, FL 32803
(407) 898-2161

Areas We Serve In Orange County, FL

Our family law attorneys have experience in family and divorce law and practice in Orange County, as well as Osceola County and Seminole County.