Orlando Divorce Attorney Offering Skilled Representation To Our Clients
There is no doubt about it, divorce is a terrible thing for anyone to have to go through and you may need an Orlando divorce attorney who cares about you and about getting the best result for you. No matter how much a person may want to split from their spouse it is impossible not to feel a deep sense of loss and failure in the knowledge that the marriage is ending. What’s worse is the fact that your rights to your children, property, and income may be at the mercy of divorce attorneys and judges.
The Law Offices of Sean Smallwood, P.A. helps people through the legal and emotional process of divorce with compassionate professionalism. Our firm understands that the reason that so many divorces turn into ugly expensive battles is because at a time when you are overwhelmed with emotions you need an advocate who is handling your case by strategically building a plan to get you to the best possible outcome as quickly as possible and without costing you more than it needs to.
There Are Many Complex Issues In Divorce Cases That An Experienced Advocate Can Help With
Divorce lawyers often are tasked with many highly complicated legal issues to tackle in dissolution of marriage litigation. The list of these legal issues is extensive and if any of the following apply to your case then you need an experienced legal professional on your side.
If there are any children under the age of 18 then your case will include the process of deciding how the child’s time will divided between the parents. This is often one of the most contested issues in the case that leads to many case having to go to trial. It is very important for you and your attorney to have a strong strategy to ensure a fair and reasonable outcome.
The courts hold to the principle that the parents have a duty to financially support any children of the marriage who are under the age of 18. This means that after the parenting time has been agreed to then a monthly child support amount will be calculated based on different factors including: parent’s income, number of overnight stays the child has with each parent, child care costs, and health care costs.
DIVISION OF ASSETS:
All assets acquired during the marriage are subject to be split between the parties to the case. This can include anything from retirement accounts and stocks to household furnishings.
DIVISION OF DEBTS:
Similar to assets, all marital debt must also be divided. Often this will include student loans, credit card debt, second mortgages, and IRS debts. It is common for divorcing couples to fight over splitting debts with allegations of mishandling funds going back and forth. Make sure your lawyer is familiar with the history of your case.
Very often in the marriage a business may have been started which has its own assets and earning history. The court will also see this as a marital asset to be divided. The business will need a value placed on it and often one spouse will “buy out” the other from their interest in the business. One thing to watch out for is the situation where your spouse has a business that is registered and has all of its managing done under a friend or family member’s name. When this happens it can make the attorney’s job very time consuming in proving ownership in the business.
Also called spousal support, this equalizing payment is meant to ensure that the parties to the divorce walk away on equal footing to go out and support themselves. Alimony is typically seem in marriages lasting longer than 7 years and can be ordered anywhere from short term (a few months or lump sum) to an order for permanent alimony in much longer marriages that fit certain criteria. There are many factors that the courts consider when determining alimony awards so make sure that your lawyer understands these and how to apply them to your particular case.
In cases where one party to the case earns substantially more than the other judges will liberally award some contribution for attorney’s fees to the lesser earning spouse. This is to say that if the lesser earning spouse shows a need and shows that the other has the ability to contribute then an award of some attorney’s fees is a realistic expectation in the case.
What If I Do Not Want To Fight And Only Want An Uncontested Divorce?
Many divorces are resolved peacefully early in the process and without need for costly litigation. Others will settle after the discovery process at a mediation conference. When either of these happen it means that the remainder of the case proceeds on an uncontested basis. Uncontested cases still need to go in front of a judge for a final determination of dissolution of the marriage, but, only one of the parties need to attend ant hearings of this type only last a few moments.
“Every attorney’s main goal should be to strategically work the case up in a way to maximize the chances of getting a favorable settlement for the client.”
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