Ft. Lauderdale Divorce Attorneys Representing Clients’ Legal Needs

When two individuals decide to get married, neither wants to believe that their union may one day end in a divorce. However, many events occur during a marriage that put a wedge between two people, and the once-happy couple may find themselves seeking a divorce.

Divorce is a difficult step, no matter what the circumstances may be that caused it. Many people find themselves thrust suddenly into a new home and lifestyle. If children are involved, it can compound an already tense situation.

If you’re considering a divorce, you need the help of an experienced divorce lawyer who can help you through the legal process and act as your legal advocate to fight for you and protect your rights. Divorce in Florida can be complicated, especially if issues must be resolved related to spousal or child support, child custody, or division of property.

Contact the divorce attorneys at RTRLAW in Ft. Lauderdale and schedule a consultation with a knowledgeable divorce lawyer who can answer your questions and help you start your divorce proceedings.

What is a No-Fault Divorce?

Florida is a no-fault divorce state, meaning neither party has to cite specific reasons for wanting to end the union other than an irretrievable breakdown of the marriage. However, the spouse who initiates and files for the divorce (also called dissolution of marriage in legal terminology) must show that the marriage is beyond reconciliation and irretrievably broken.

One of the benefits of a no-fault divorce is that it does not require either of the two spouses to discuss issues related to the breakdown of their marriage in court. Nevertheless, the judge overseeing the case may still have to consider certain factors and events during the marriage when deciding issues such as child custody or spousal support.

As common as no-fault divorce may be, there are still downsides that go along with ending a marriage through this method. For example, the party that initiated the divorce only has to say they don’t want to be married any longer. The other spouse may not agree to the divorce but can’t really stop it from happening in Florida. A contested divorce involves filing a petition for the dissolution of marriage. The spouse who doesn’t agree can file a counterclaim and request counseling. Contested divorces generally take longer (average of 12 months) than uncontested divorces (average of three months). If the couple can’t come to a fair agreement in an uncontested divorce through mediation, the case will end up going to trial, which can be expensive.

Typically, the court will divide marital property equally between the two spouses unless either party can demonstrate why that would be unfair. Then, child or spousal support is determined on a case-by-case basis, with the court taking a variety of factors into account.

What Are the Five Different Types of Spousal Support in Florida?

Florida law provides five types of spousal support to individuals who may need financial support after a marriage has ended. These five types are:

• Temporary
• Bridge the gap
• Rehabilitative
• Durational
• Permanent

Many couples reach a mutual agreement as to the amount and length of support that should be given. However, in cases where the parties can’t agree, the judge will make the final decision.

For example, a judge may order temporary financial support to assist one spouse through the divorce proceedings. However, the requesting spouse must be able to prove they need assistance, and the other spouse must be solvent enough to pay the support ordered. After the divorce has been finalized, temporary support ends.

Bridge-the-gap spousal support is meant to assist one spouse for not more than two years and will be terminated if the supported spouse remarries or the supporting spouse dies. A judge often orders this type of support for a spouse who may be trying to become employed or waiting for the division of marital assets.

Rehabilitative support is the most common in Florida and similar to bridging-the-gap support. A judge may order rehabilitative support to give the supported spouse time to acquire an education or skills that will assist them in financially supporting themselves. Before rehabilitative support can be granted, the couple is required to create a definitive plan that the court must approve.

Durational support differs from rehabilitative support as the court does not require the couple to submit a plan. A judge may grant this type of support when one spouse requires financial assistance for a set period after the divorce. However, the length of time specified in durational support may not exceed the number of years the couple was married.

Finally, permanent support may be awarded, but it is rare in Florida. A judge only grants permanent spousal support when the supported spouse needs assistance but is unable to re-enter the workforce or become financially stable on their own. Permanent support may be ordered in cases where one spouse is advanced in age, disabled, or caring for a minor-aged child with special needs.

Like bridge-the-gap support, durational, rehabilitative, and permanent spousal support will be terminated if the supported spouse remarries or upon the death of the supporting spouse.

If you’re unsure if you could potentially qualify for spousal support, contact RTRLAW’s divorce attorneys to find out more information.

What Are the Legal Requirements to Obtain a Simplified Dissolution of Marriage in Florida?

Florida has set legal requirements to obtain a Simplified Dissolution of Marriage, including:

• Both spouses mutually agree to a dissolution of marriage.
• Both spouses agree that the marriage can’t be saved.
• At least one of the spouses has lived in Florida for the past 6 months before filing.
• Neither party is seeking spousal support.
• The spouses have mutually agreed on the division of their marital assets and any debts they may have accumulated while married.
• The spouses have no minor-aged or dependent children.
• Neither spouse is pregnant.
• Both spouses are willing to give up their rights to trial and appeal.
• Both spouses are willing to sign the petition at the clerk’s office (not necessarily at the same time) and both are willing to go to the final hearing (at the same time).

If you’re still determining if your situation calls for a divorce, contact RTRLAW in Fort Lauderdale so our knowledgeable divorce attorneys can provide you with the information you need to explore your options or move forward with your case.

What Makes RTRLAW the Best Choice for My Divorce?

RTRLAW’s family law attorneys are dedicated to assisting clients through one of the most stressful times of their lives. We understand that no one likes having to go through a divorce. However, our divorce attorneys will listen to your concerns to ensure that we address any worries and give you peace of mind.

Our divorce lawyers are also fully qualified to assist you in additional matters that pertain to your divorce, such as child custody, parenting plans, prenuptial agreements, and post-divorce modifications. We will protect your rights and at the same time work alongside opposing counsel to reach a mutually accepted agreement by you and your spouse.

If you’ve come to a point in life where you feel divorce is your only option, contact RTRLAW in Ft. Lauderdale at (954) 370-5152 or toll free at 1-833-HIRE-RTR (833-447-3787) to schedule a consultation with one of our divorce attorneys and find out more about how we can assist you.