Fort Lauderdale Divorce Lawyer

Fort Lauderdale Divorce Attorney

Divorce is easily one of the most stressful events in an individual’s lifetime. No one enters a marriage with the intention of eventually filing for divorce. However, the reality is that many marriages do dissolve. There can be a lot to think of when deciding to file for divorce. It may prove crucial to retain the services of an experienced Fort Lauderdale divorce lawyer. They can help you navigate this difficult and challenging time.

Any divorce, no matter the surrounding circumstances, has the ability to create emotionally stressful situations, and even the simplest case is not immune from this. The legal process and proceedings surrounding a divorce case can often feel confusing and overwhelming. This is where an attorney comes in. The team at Fairway Law Group is adept at managing the necessary court procedures while ensuring that the process goes as smoothly as possible for our clients.

Fairway Law Group for a Fort Lauderdale Divorce

Having the right legal counsel for you and your case is imperative for reaching a positive outcome. An attorney who understands the details and nuances of the law and how they apply to your case is essential. Since 2019, the knowledge and experience of our team have garnered recognition in the region, and we want to apply that to your case.

The divorce process can be long and drawn out, especially if minor children are involved and/or the couple owns significant assets. The attorneys at Fairway Law Group are here to help you navigate these labyrinthine legal proceedings. Our firm is ready to fight and advocate for the rights of you and your family. If you’re looking for a Fort Lauderdale divorce lawyer who can treat your case with passion, empathy, and attention to even the most minor of details, Fairway Law Group is right for you.

What Constitutes Divorce in Florida?

In general, a divorce, or a dissolution of marriage, is a legal move made by a married couple to end their legal union. It can involve dividing jointly owned property and other assets, determining the need for any spousal support, and figuring out child custody matters if there are minor children of the divorcing couple.

The complexity of your divorce case is largely determined by the factors involved. An uncontested divorce, or a divorce in which the settlement is agreed upon by both parties before a court hearing, can move through the legal system much quicker than its counterpart, a contested divorce.

A contested divorce is oftentimes more complicated. These involve conflicts between the two parties on matters of child custody and/or support, division of any property owned, and whether both parties even agree to the divorce. In some cases, a contested divorce can lead to high levels of conflict, forcing a much longer timeline before a settlement is possible.

Basic Elements of a Divorce in Florida

Most divorces share similar basics. Although each case comes with its own set of unique complexities, most include the following:

• Reasons for Divorce: As Florida is a “no-fault” state, spouses are not required to prove that the other did something wrong, like commit violence or engage in marital unfaithfulness, when filing. The party who files need only state that the marriage is broken beyond repair.
• Requirements of Residency: Florida does require that at least one spouse has held residency in the state for at least 6 months before filing.
• Division of Property and Assets: The equitable distribution law is upheld in Florida, meaning that all properties owned in the marriage are to be divided fairly, but not necessarily equally, between both parties.
• Spousal Support or Alimony: Although it is not always a guarantee, spousal support or alimony can be a common element of a divorce. Various factors, like each spouse’s income, their contribution to shared finances, and the length of the marriage, are all taken into account by the court when determining whether alimony is necessary in a divorce case.
• Child Support and Custody Rulings: In Florida, all decisions are made in the interest of the child. Shared responsibility on the part of both parents is encouraged by the courts, and the legal system will advocate for the child to have frequent contact with both parents.
• Legal Process: A divorce process starts when one party files a petition for the dissolution of marriage with the legal system. If both spouses can agree on all the necessary terms, the process can go smoothly. If not, the case could include a lengthy negotiation, mediation, or court trial.

All these elements can feel overwhelming at times. It may prove prudent, then, to have an experienced attorney by your side to assist you with each step in the process.

Steps to Take When Planning for Divorce

Filing for divorce comes with its own share of unknowns. Being prepared is always a good place to start. Even before you officially file divorce, there are a few things you can do to ensure that the process goes as smoothly and simply as possible, especially concerning the things that you’re in control of.

• Organize Personal Finances: Before filing the divorce papers, it is prudent that you get a clear understanding of where you stand financially. If you are seeking an equitable distribution of marital assets and debts, you’ll want to ensure that you have a complete understanding of all the necessary finances involved.
• Establish Your Own Credit: It can be difficult to purchase a home or car after a divorce when you’ve shared credit with a spouse for so long. It is a good idea to create and build your own credit score.
• Collect Proof of Income: Before filing, you’ll need documentation that shows your income, along with your spouse’s. Copies of bank account statements and any business statements will prove helpful to have on hand.
• Look Over Joint Accounts: Unfortunately, it is quite common for a spouse to raid joint accounts once they learn of an impending divorce. You’ll want to ensure your own protection by opening your own accounts, removing half the funds from the shared account, and depositing those funds into your new personal account. Make sure to thoroughly document this process.
• Consider Your Living Arrangements: Next, you will need to decide if you’ll be cohabitating during your divorce process or if another living situation may prove more beneficial for your emotional, mental, and physical health.
• Determine Custody Preferences: If minor children are involved, you’ll need to start thinking about the kind of custody arrangement that would be in their interest. This can be a difficult decision to make, but the earlier you think about it, the more prepared you’ll find yourself when the time comes to file.
• List All Personal Property: Take inventory of all property that personally belongs to you. This could include jewelry, vehicles, furniture, antiques, collectibles, and anything that may be of value.
• Seek Support From Friends and Family: No matter the circumstances, divorce can cause emotional stress. It may prove helpful to talk about your divorce with friends and family. You might even consider seeking help from a therapist or support group.

Issues Involving Minor Children

When a divorcing couple has minor children, two primary issues will need to be addressed. These are:

1. Parental responsibility and time-sharing
2. Child custody

Parental responsibility pertains to which parent carries the right to make any major decisions regarding the children. Examples of this include medical, educational, or religious decisions. The term “time-sharing” refers to which days, overnights, and celebrated holidays the children will spend with which parent.

Other issues that may arise include vacations or other instances of travel out of the state or country, moving, payment for activities, or payments for out-of-pocket dental and medical expenses.

Equitable Distribution

There are some cases where couples cannot agree on a division of property outside of the courts. This is where Florida’s equitable distribution law comes in. The court will assume that each party has an equal claim to all the assets that were owned jointly in the marriage. It can then alter this after examining a handful of specific factors if it decides to. In some cases, the split may remain equal. Some of the factors that could affect the court’s decision are:

• Marriage length
• Each individual’s financial contributions to the marriage
• Contributions to the upkeep of the home or education of any minor children
• The economic situations of both spouses
• Any contributions by one spouse to the other spouse’s career or education

The decision will ultimately be up to the court, but you can try to request that the division be done in a certain way. Our team at Fairway Law Group can help you navigate this process in or out of the courts.

Accurate Calculation of All Assets

When facing a divorce, it is crucial to have a solid awareness of your and your spouse’s financial situation. An experienced divorce attorney can help you determine the value of the following financial assets.

• Hidden assets
• Business ownership
• Stock options
• Real estate
• Offshore assets

The team at Fairway Law Group can work with you to ensure that all assets and properties are correctly valued as you head into the divorce process.

How a Lawyer Can Help

During a divorce, there is a lot to keep in mind, and it can often leave you feeling stuck and overwhelmed. The attorneys at Fairway Law Group are here to assist you through any issues that might arise. For every client we work with, we work hard to provide them with the following services:

• Legal advice
• Divorce paperwork and legal document filing
• Negotiations or mediation
• Legal representation
• Spousal compliance with settlement requirements

FAQs

Q: Do You Need a Lawyer for a Fort Lauderdale Divorce?

A: The short answer is: no, you do not need a lawyer for a divorce in Fort Lauderdale. However, the legal proceedings surrounding your case might involve their own complexities. In these situations, it may prove vital to avoid undergoing these proceedings alone. Instead, seek the legal counsel and representation of a skilled and experienced Fort Lauderdale divorce lawyer.

Q: What Is the Seven-Year Divorce Rule in Florida?

A: The seven-year divorce rule in Florida is not an actual law. Rather, this phrase pertains to whether a judge will consider your marriage a long marriage or a short one. In the simplest terms, the longer a marriage lasts, the more property and assets are collected in that marriage. Because of this, the judge will have to factor the length of the marriage into their decisions on issues like alimony or child support payments.

Q: Is Florida a 50/50 Divorce State?

A: Because Florida is an equitable distribution state, it does not require a 50/50 marital property split upon divorce. Therefore, the division of assets may not be equal, as it will depend on a litany of factors that will be assessed by the judge in a contested divorce case. The only exception to the equitable distribution law applies to inheritances. If an inheritance is left to one spouse, it will typically remain their separate property.

Q: Does the Wife Automatically Get Half in a Divorce in Florida?

A: No. As Florida is an equitable distribution state, neither spouse is required to walk away from a final trial with exactly half of all marital assets. This rule stands regardless of how long the couple has been married. However, one way to ensure an equal 50/50 split, if that is desired by both parties, is to settle the divorce case uncontested, wherein both parties agree to the split outside of the courts.

Contact a Fort Lauderdale Divorce Lawyer Today

Whether you’re thinking about filing for divorce or your spouse already has filed, it is essential to have the right divorce lawyer supporting you. Fairway Law Group has a commitment to fighting and advocating for your rights and making sure that justice is served in whatever situation you may find yourself in.

Contact us today, and let one of our experienced attorneys put you at ease. You don’t have to face this difficult and challenging time alone.