Orlando Divorce Attorneys Provide Qualified Legal Representation For Clients
No one likes dealing with the issues that manifest during divorce proceedings. Unfortunately, the small matters that were once simply a topic of concern may now have evolved into significant disputes. Accordingly, tempers and emotions typically run high when sorting out finances, child custody, or spousal support. To make sure your interests and rights are protected, seek qualified legal representation through a skilled divorce attorney.
RTRLAW’s family law attorneys in Orlando can provide you with solid legal counsel in your time of need. Our divorce attorneys have comprehensive experience handling the various legal matters involved when a couple decides to end their marriage.
Contact RTRLAW by calling (407) 343-5152 or our toll free number at 1-833-HIRE-RTR (1-833-447-3787) for a no-obligation case review and find out how we can assist you.
Can My Spouse Force Me to Leave Our Home if They File For a Divorce?
One of the most frequent questions that divorcing spouses ask is if they can be forced to leave the family home while their case is pending. Generally, most spouses in the midst of a divorce choose to live separately. However, they often find themselves disagreeing about who should stay and who should take residence elsewhere. Additionally, in today’s economy, one spouse may feel that they can’t afford to live elsewhere and wish to remain in the home they have shared with their spouse until their divorce is final.
The legal term “exclusive use and possession” discusses who should stay and who must find alternative living arrangements. Florida law doesn’t definitively answer the question of who retains possession, meaning there is no law that says one party has to leave and the other is permitted to remain in the home.
Specific legal criteria must be met for one spouse to force the other to leave the home. For example, if domestic violence has occurred, the victim may petition the court for a domestic violence injunction, commonly referred to as a restraining order.
However, if domestic violence is irrelevant to the case, one spouse may file for exclusive use and possession of the home with the court. The issue will then be decided in court and may be granted if it’s determined there is a “specific purpose” for granting the motion. The most common reason for granting exclusive use and possession is to allow children to remain in the home with the primary caregiver.
Other situations in which exclusive use and possession may be granted include the behavior of one spouse that makes it difficult for both parties to live together or if the home has been modified in some manner to accommodate a disability.
To find out more information about exclusive possession and how it may affect you in a divorce, contact RTRLAW’s family law attorneys today.
How Are Marital Assets Divided in Florida?
Florida law follows the premise that there should be “equitable distribution” of marital assets when couples divorce. Basically, this means that unless there is a legal document, such as a prenuptial agreement in place that predetermines how assets should be divided, the distribution of marital assets should be equal.
The first step in dividing assets is for the courts to distinguish what property and other possessions classify as marital or nonmarital assets. Any assets that are non-marital (those that were the possession of a spouse prior to the marriage) are allocated back to the appropriate owner. Conversely, all property accumulated during the span of the marriage by either spouse is typically considered marital assets and qualifies for equitable distribution.
Some of the factors used by the court to determine how the assets should be divided between the two spouses include:
- The contributions made by each spouse to the marriage.
- The duration of the marriage.
- The financial resources of each spouse.
- The financial contributions made by each spouse toward marital assets.
- Educational or career contributions made by one spouse to the other spouse..
- The importance of retaining possession of the marital home as a residence for any minor-age children produced by marriage.
- Intentional depletion or concealment of marital assets after filing a divorce petition.
The court may take other factors into consideration that are pertinent to your situation. One of the best measures you can take to protect assets you have acquired that aren’t not considered marital property is to hire a divorce attorney immediately, so they may advise you of your legal rights and how best to protect your interests.
How Long Does it Take to Get a Divorce in Florida?
There is no set length of time it takes to have a divorce action finalized in Florida. The time it takes to obtain a divorce greatly depends on the type of divorce you choose. Florida recognizes three types of divorce:
- Simplified dissolution of marriage: This type of divorce is fairly easy and takes the shortest amount of time, approximately 30 days. However, to be eligible, you must have lived in Florida for at least 6 months, have no minor-aged children, are not seeking spousal support, and agree to all the terms outlined.
- Uncontested divorce: This type of divorce may take anywhere from 4 to 6 weeks, with two spouses agreeing to all the terms outlined. The terms that may be decided include spousal support, child support, parenting plans, and division of assets.
- Contested divorce: This type of divorce is the longest of all the options available and may take anywhere from 6 months to a year to be completed. Depending on the unique circumstances involved, the process could take even longer. A contested divorce includes filing a petition for dissolution of marriage and waiting for an answer in reply. Additionally, the process also involves filing legal paperwork for discovery and going through mediation to decide issues such as spousal support or parenting plans. Finally, there is the final hearing before the judge to conclude your divorce.
Individuals who petition for divorce should understand that Florida requires a waiting period of 20 days after filing the paperwork to finalize a divorce. If you’re still determining which type of divorce is the best option for your situation, contact RTRLAW for a no-obligation case review. If you decide to retain one of our divorce attorneys, they can evaluate your case and advise you on the right course to take for your situation.
What Makes RTRLAW the Right Choice For My Needs?
When it comes to choosing a law firm to handle your divorce, you want legal professionals who will treat you with the kindness and respect you deserve. RTRLAW’s divorce lawyers in Orlando recognize this is most likely one of the most challenging situations you have ever had to deal with in your life.
On that account, our entire legal team is dedicated to assisting you in your time of need by treating you with the compassion and respect you deserve. In addition, our divorce lawyers are passionately committed to assisting you through the divorce process and helping you obtain the best possible outcome.
Our family law attorneys will stand by your side throughout the entire legal process and act as your legal advocate in court on your behalf. We are fearless when advocating for you and will work to obtain a settlement that provides for your present and future needs.
Contact RTRLAW in Orlando at (407) 343-5152 or toll free at 1-833-HIRE-RTR (833-447-3787) for a no-obligation case review and find out how we can assist you.