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Divorce is one of the hardest things to go through, as it carries an emotional and physical toll on you, your partner, and your children. Our team at Schlegel Law Group understands the personal side of divorce, and our boutique size allows us to dedicate personalized time and attention to your particular case. We aim to voice our clients’ interests in the courtroom and the negotiations room so that you feel confident that your goals and needs are appropriately addressed.
If you’re at a point in your relationship where you’re consulting an Orlando divorce attorney, then you’re already dealing with considerable stress and anxiety. Your current situation is likely unfamiliar and at this difficult time in your life, you want to be sure you get expert advice because the decisions you make now could have a significant impact on both your future and family. Our family law team also has experience with child support and paternity, so we can help you handle related legal matters that arise during the divorce process.
As an established Orlando family law practice, Schlegel Law Group can provide you with skilled representation throughout your divorce. We handle traditional divorces as well as same-sex divorces and approach every case with expertise, discretion, and sensitivity. Don’t make rushed decisions or agree to unreasonable terms just because you want the process to be over. Hire our divorce firm to handle your case and help you achieve the best possible outcome.
Voicing Your Interests in the Courtroom and Providing You with More Than One Solution
A marriage is more than a personal relationship, it’s also a binding legal contract. As such, it needs to be officially dissolved by a family law judge. Our law firm has decades of industry experience and is available to provide you the knowledge and representation needed to achieve a positive outcome. In particular, Schlegel Law Group provides legal representation and counsel pertaining to the following areas of family law:
- Spousal & child support
- Guardianship petitions & disputes
- Collaborative divorce
- Division of marital assets & debts
- Divorce mediation
- Partition actions
- Divorce modification
- Juvenile dependency
- Estate planning
Although some divorces are simple and can be handled with minimum discussion and delay, most divorces, particularly if you have children or significant property, are far more complicated. Our family law firm has represented thousands of clients in cases of divorce, custody, paternity, and child support.
If you believe your divorce could be contentious and courtroom litigation is a possibility, you’ll want a highly competent and experienced divorce attorney that you can trust. Schlegel Law Group is skilled in witness preparation, courtroom dialogue and cross-examinations. We will be on your side vigorously protecting your best interests every step of the way.
Requirements to File for Divorce
To file for divorce in Orlando, either you or your spouse must be a resident of Florida and have lived in the state for 6 months prior to filing. In the divorce petition, you will also need to either no-fault grounds or some other fault ground (e.g., adultery) for the breakdown of the marriage. Note that the existence of fault will not necessarily play a large role in granting divorce but may come into play during the alimony decision.
Florida allows spouses to petition for either simplified dissolution or regular dissolution of your marriage. If you and your spouse are in mutual agreement about the divorce and can agree on the terms of your separation, you can pursue a simplified divorce. This is also an ideal situation to pursue collaborative divorce, which can help you avoid litigation.
However, if you and your spouse are not in full agreement about your post-divorce matters, you can proceed to a regular dissolution, which begins when you file a "Petition for Dissolution of Marriage" with the court that establishes the grounds for divorce and what you want in terms of alimony, property division, custody, and child support. The petitioning spouse must "serve" (deliver) the document to the other spouse, who must file an Answer or agree with the terms. If you and your spouse cannot reach an agreement on your own or in mediation about your divorce, you will move on to trial, where the judge will decide.
A judge may award alimony if the spouse requesting alimony has a financial need and the other spouse has the ability to pay. To determine whether to award alimony and how much, a judge will look at the length of the couple's marriage, the standard of living during the marriage, each spouse's age, tax effects of alimony, each spouse's financial resources, and any other relevant factors.
Generally, a judge may award temporary alimony while a divorce is pending or rehabilitative alimony to help a divorced spouse complete a degree program or training to get a job. In rare cases, the judge may grant permanent alimony award, which ends when the receiving spouse dies or remarries.
When it comes to property division, Florida is an equitable distribution state that divides a couple's marital property equitably or fairly, not necessarily equally. If you and your spouse cannot settle on your own agreement, a judge will divide property based on:
- each spouse's income and job opportunities;
- the length of the marriage;
- either spouse's contributions to the other spouse's earning potential or career;
- the desirability of keeping the marital home as the residence for their minor children;
- either spouse's waste of marital assets; and
- any other relevant factor.
The bottom line is that property division is based upon all facts of the case and both spouses' contributions to the marriage, according to Fl. Stat. § 61.075 (2020).
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