Sarasota Divorce Attorneys
A significant portion of divorcing spouses consider the process of divorce to be emotionally taxing, highly complex, and significantly frustrating. One of the most important decisions during a divorce is to hire a Sarasota divorce attorney who is capable of zealously protecting your best interests while getting you through each step of the divorce process in the optimal emotional shape. Our attorneys have the knowledge and experience required to effectively litigate and mediate a number of different types of divorce and divorce-related matters in Florida, including no-fault divorce and uncontested divorce. Contact Tobaygo Law to schedule a consultation with a skilled family law attorney.
Divorce In Florida With Children
Divorcing spouses with children are required by Florida courts to resolve a number of different issues associated with caring for and raising the child or children. The courts must create a parenting plan to serve the child or children’s best interests. During divorce with children, family courts will also handle matters regarding child custody — to determine where and with which spouse the child or children will live and spend time — and child support, to establish adequate care that addresses every need required to raise the child and ensure the adequate development of the child.
Alimony & Spousal Support
Another common aspect of divorce is spousal support, commonly referred to as alimony, to which the determination of payment — and any requests for alimony modification — is often left at the discretion of the presiding judge. There are a number of different types of alimony, which are determined based on the length of the marriage and each spouse’s financial circumstances, among a number of additional factors specific to each divorce case. Before settling and/or litigating issues with alimony, contact an attorney for comprehensive counsel for your case.
Division Of Assets & Debts
In addition to alimony, the division and equitable distribution of marital assets is another highly contested aspect of divorce. The courts will distinguish marital assets from non-marital assets, and proceed to equitably distribute these items. Because each set of divorcing spouses have a wide variety of types of assets, debts, and property — including the division of a marital business — the courts handle this area of divorce on a case-by-case basis. Contact our family law firm to help ensure that your rights to marital property and assets are actively protected.
The Value Of A Divorce Attorney
We understand that your family may be experiencing emotional and mental unease, and we do not wish to add to those existing burdens. As such, our goal is to represent each client during this significant time in his or her life. There is no blueprint for finding an effective divorce attorney, but working with highly skilled and experienced counsel is the best way to ensure a beneficial outcome to your case. Our divorce attorneys have many years of extensive divorce litigation and advocacy experience. We work tirelessly to protect your property, interests, and wellbeing.
Frequently Asked Questions About Divorce
Do I Need A Divorce Attorney?
Parties involved in a dissolution of marriage case are not required to hire a lawyer or have representation related to their divorce. However, the process of getting divorced and dealing with all of the issues related to your marriage is complex. Our divorce lawyers will assist in determining whether an asset or debt is marital or nonmarital, addressing equitable distribution, identifying exposure or entitlement to alimony or spousal support and attorney’s fees, analyzing parenting issues and timesharing, calculating child support.
What Happens During A Divorce?
In a divorce, numerous issues will need to be addressed, either by agreement of the parties or by order of the court. The filing of a Petition for Dissolution of Marriage, or Counter Petition for Dissolution of Marriage, will set forth the main categories that are need of resolution. Though the issues related to a divorce can be numerous, the main categories are typically those which deal with minor children, property, and support. Florida law requires that issues related to minor children are addressed in a document known as a parenting plan.
Divorce Vs. Annulment
In Florida, an annulment declares the marriage invalid and removes all trace of the marriage from all legal documents. An annulment can be sought in Florida and requires that the petitioning party prove that the marriage was a sham or fraudulent in some way, therefore attacking the legitimacy of the marriage itself. Annulments are case-specific, requiring a complex analysis with respect to whether it is the appropriate course of action. Issues involving minor children, property, and support are not addressed in an annulment action, but they are addressed during a divorce. Divorce in Florida is based on a finding that a marriage existed and that the marriage is irretrievably broken. Within a divorce, or dissolution of marriage action, all issues related to the marriage are to be addressed, including but not limited to timesharing, parental responsibility, child support, distribution of marital assets and debts, and alimony.
What Is The Standard Of Proof For Divorce?
In order to obtain a divorce, one of the parties must allege that the marriage is irretrievably broken. The Petition for Dissolution of Marriage must allege, generally, that the marriage is irretrievably broken. Though other issues related to infidelity and financial responsibility may be relevant to other issues related to the marriage, there is no requirement that the parties state the basis for the divorce or assign fault.
Are Divorce & Dissolution Of Marriage The Same?
Yes. In Florida, the terms “divorce” and “marriage dissolution” are the same thing. A divorce is initiated with the filing of a Petition for Dissolution of Marriage and finalized with the entry of a Final Judgment of Dissolution of Marriage.
How Can An Attorney Benefit A Divorce?
An effective divorce lawyer will help you identify issues and understand how the law applies to the issues in your case. Our attorneys can assist with all aspects of your case, from the filing or responding to the Petition for Dissolution of Marriage, through discovery requests and responses, to preparation and attendance at mediation, hearings and even trial. Our role, as your advocate, is to advise you with respect to potential outcomes in your case and assist you in making decisions that are best for you, your family, and your finances.
When Is The Best Time For Divorce?
It is often said that there is never a good time to get a divorce, however, there is a number of ways to approach the dissolution of your marriage which may make the process better for you and your family. Contact our office to discuss any questions and concerns you may have regarding filing for divorce in Florida. We can help you determine the best approach to your dissolution of marriage and provide effective counsel for all matters pertaining to a divorce, including the division and distribution of property and children's issues.
Who Gets The House In A Divorce?
The marital home is typically both a marital asset which carries significant marital debt. Market values, mortgages, home equity lines of credit, property taxes, homeowner's insurance, and association dues can all impact the amount of equity in a marital home. A family law attorney can help identify which of the parties are on the mortgage and title to the property and can work with other professionals to determine the value of the home. Once any equity in the home is identified, other factors to consider include, but are not limited to: each party’s ability to refinance the home or sustain the monthly mortgage; the desirability of maintaining the home as a residence for the minor children until they reach the age of majority; whether one party can “buy-out” the other party; if there are other assets to distribute and achieve equity between the parties; or if one or both of the parties believe the home should be sold.
What Are The Residency Requirements For Florida Divorce?
In order to obtain a divorce or file for a dissolution of marriage in Florida, at least one of the parties to the marriage must reside in Florida for at least six months prior to the filing of the petition for dissolution of marriage. Florida residency is proven or established by a valid Florida driver’s license, valid state-issued voter’s registration card, or a valid Florida identification card issued to one of the parties, reflecting an issue date of at least six months prior to the date of the filing of the petition for dissolution of marriage. Florida residency can also be established by the testimony or affidavit of a third party, who corroborates that one of the parties has resided in Florida for at least six months prior to the filing of the petition for dissolution of marriage.