Lake County Divorce Lawyer

Divorce is a difficult process, whether you are the spouse who filed for the divorce, or the spouse on the receiving end of divorce papers. How will you move forward financially, who will get custody of the children, and will assets be divided equally? Who will be responsible for debts incurred during the marriage? At Adams, Luka, & Benton, we know there are many questions that need answers, and that you are going through one of the most difficult times in your life. Ending what you initially believed was a solid, loving relationship that would last for eternity can be traumatic and overwhelming. When in need of a divorce attorney in Tavares, Lake County who will fight on your behalf, protect your legal rights, and look out for your best interests, you can count on our firm for unparalleled legal representation.

When one spouse or another decides there are no alternatives other than to get a divorce, it can be life shattering. There are so many aspects of your life that are intertwined with marriage - children, perhaps a family business, the house, property, investments, real estate, the list goes on and on. Yours may be a simple matter, or one that is highly complex. Often the obstacles encountered in a divorce depend on how long a couple has been married, the debts/assets involved, whether there are shared biological children, and whether wealth on the part of one spouse or another resulted in a pre- or post-nuptial agreement. Regardless of the circumstances in your particular situation, our Tavares divorce lawyers can help.

We have worked with clients in various types of divorce matters including:

• Annulment
• Collaborative Divorce
• Contested Divorce with Children
• Contested Divorce Without Children
• Divorce
• Military Divorce
• Uncontested Divorce

The divorce process can be very simple or extremely complex; every situation is different. What if you are behind on the mortgage payments or underwater? Perhaps you are concerned that your soon-to-be ex will relocate with the children. No one expects the marriage to come to an end when they get married, but divorce is extremely common. Regardless of the facts of your case, we will fight on your behalf and make certain your concerns are heard.

Many issues can be settled through mediation so that both parties agree on child custody, support, spousal support, division of property, and other matters. In other cases it requires going to court so that the judge can decide issues two spouses cannot agree upon. Our goal is to ensure you are treated fairly, and the process made as easy and stress-free as possible.

Our experienced Tavares divorce attorneys can give you a realistic idea of what to expect and answer any questions you may have about the divorce process starting with your initial free consultation.

A divorce is often one of the most difficult things someone can experience, and it will affect just about every aspect of your life in one way or another. Every divorce case is unique, with different issues and factors to be decided based on the circumstances of the parties. One thing that can make divorces particularly difficult is the fact that married couples do not go through life expecting and preparing for divorce until the point of separation is reached. There will often be assets to divide, liabilities and debts to be shared, and alimony to be determined. If children are involved, then a parenting plan including a time-sharing schedule and child support will need to be decided to ensure the best interests of the children. Some divorces are highly contentious, with the parties unable to reach an agreement on anything. Other divorces are entirely uncontested, and the parties already know and agree on what they want.

When many people first reach out to our divorce attorneys in Tavares, they have no idea what to expect regarding the divorce process. The divorce process will formally begin when one party files a petition for the dissolution of the marriage with the Clerk of Court. The petition will state the grounds for the divorce, what the party filing the petition is asking the court to do, and request that the court end the marriage. A few key points of the petition include establishing that a marriage exists, the basis for the court to have jurisdiction, the grounds for the divorce, requesting alimony if desired, requesting time sharing and child support be established if there are minor children, requesting assets and debts to be divided including the marital home if applicable, and requesting the other party pay for the party's attorney's fees if desired. Once the petition is filed, the other party will have 20 days to file a response to the petition unless they ask the court for that time to be extended. The answer filed by the other party will address their position on the issues raised in the petition as well as any additional issues or requests they wish the court to consider.

The case will generally then proceed by completing discovery and mandatory disclosure. During this stage, parties submit a financial affidavit and supporting financial documents. One party may also submit a request for the other party to produce specific documents in a request for production or submit a list of questions referred to as an interrogatory for the other party to complete. Once this information sharing process has finished, the parties will proceed to mediation and attempt to settle the disputed issues through negotiations. If an agreement on all issues is reached, the parties will submit a marital settlement agreement, and parenting plan if applicable, to the court to issue a final order dissolving the marriage and making the agreement legally binding and enforceable. If no agreement is reached, the case will proceed to trial for the judge in Tavares to decide the issues that are still in dispute.

Under Florida law, there are two possible grounds for divorce: either the marriage is irretrievably broken, or one party has been adjudicated mentally incompetent for at least three years. Most divorces in Tavares are sought on grounds of the marriage being irretrievably broken, which is considered Florida's "no-fault" divorce. Prior to adopting the option for a no-fault divorce, one party would have to allege specific wrongdoings the other party had committed in their petition for divorce, essentially blaming one party for the marriage ending while the other spouse alleged they were the "innocent" spouse. With the implementation of no-fault divorces, neither party is required to be found at-fault. Instead, the petition may now just simply state the marriage is irretrievably broken, without requiring allegations of adultery, abandonment, abuse, or other wrongdoings.

Florida follows the equitable distribution model to determine the division of assets and liabilities between spouses in a divorce. Under equitable distribution, there is a presumed 50/50 split of all marital assets and debts incurred during the marriage by either spouse, although the court will consider several factors that may cause a deviation from this presumption. Generally, all property, assets, belongings, or income acquired by either spouse during the marriage is considered marital property to be divided between the spouses in the divorce proceedings, although there are some exceptions to this rule. Property, assets, or debts acquired before the marriage will generally be considered nonmarital property and will remain with the party who acquired it before the marriage. Spouses may decide between themselves how to distribute their assets and liabilities, and courts will generally enforce these agreements.

In some divorce cases in Tavares, one spouse will be ordered to pay alimony to the other spouse. To award alimony, the court must make an initial determination that the party requesting alimony is in need and the party being asked to pay has the ability to do so. There are several different types of alimony and each has a different purpose. For example, alimony could be used to help a spouse financially dependent on the other spouse receive financial support while the dependent spouse becomes self-supporting. There are several factors a court will consider when determining alimony.

In divorces where the parties have minor children in common, the best interests of the children will need to be considered first and foremost. This includes establishing a time-sharing schedule and child support. Divorces in Florida will proceed under the presumption that maintaining a relationship with both parents is in the best interest of the child unless evidence is presented that shows that maintaining a relationship with one parent would cause harm to the child. Child support will be ordered in most divorce cases with children and is intended to ensure the children receive financial support similar to what the children would have received had their parents remained married. Child support is mostly calculated according to statutory guidelines in Tavares and is based on the financial resources of both parents, the time-sharing schedule, health insurance for the children, and any extraordinary medical, dental, or educational expenses the children may have, along with several other factors.

When it seems there is no satisfactory solution to many of the issues, we can help. We understand divorce is stressful, and can affect not only your emotions but your health, your job, even your children. A divorce can seem to drag on forever; sometimes you think it would be simpler just to give up. Your rights must be protected, and we are ready to fight on your behalf. We invite you to call the Lake County divorce lawyers at Adams, Luka, & Benton today for a free consultation at 352-357-4084.