Bradenton Divorce Lawyers

“Till death do us part” is not an oath many take lightly. When most people get married, they are devoting themselves to their spouse for the rest of their lives. Still, a significant number of marriages end in divorce. Some people get married too soon or too young; others stay married too long or after they have grown and changed as people; and sometimes, one or the other engages in behaviors that spell the end of the partnership. Regardless of the circumstance, it is very often a difficult and emotionally draining period of time for all those involved.

In short, divorce is stressful. When families find it difficult to work through the divorce settlement process, our Bradenton divorce lawyers from Luhrsen Goldberg are here to help. A highly skilled divorce attorney can work with families to reach an amicable resolution that protects the rights of all involved parties.

Even in the simplest of scenarios, understanding your rights under Florida law is important, whether you think you are . Soon-to-be divorcees need to take action to protect themselves from being taken advantage of, even in the simplest of divorces. Contact our family law attorneys to request a confidential consultation today to learn more about how divorce works in Florida, how marital assets and property should be divided, and the other steps that must be taken to finalize a divorce sooner.

How to Get Divorced in Bradenton

When someone is ready to end their marriage, they may hold off on getting legal support because they are intimidated or confused about how the divorce process works. However, Florida divorce laws make it relatively simple for most couples to dissolve their marriages. Our divorce attorneys at Luhrsen Goldberg break down the process for you step-by-step below:

Meet the Residency Requirements

Before anyone gets on the phone with our divorce lawyers, it is important to find out whether they meet the residency requirements for filing for divorce in Florida. According to Florida Statutes § 61.021, one or both spouses must have lived within the state of Florida for a minimum of six months to meet the residency requirements. If one spouse remains in the state but the other moves, the Florida divorce residency requirements may still be met.

Hire Divorce Attorneys Near Me

Hire a divorce lawyer. Before a plaintiff initiates the divorce process, it is important to go over the specific circumstances of the case with a legal advocate. Our team will ask our clients what brought them in, whether their spouse did something to cause the marriage to fall apart, and what they are hoping for in terms of marital assets, property, debts, alimony, child custody and child support.

File the Divorce Petition or Counter-Petition

Next, we file the divorce petition or if the other spouse has already begun the divorce process, we file a response, including as appropriate a counter-petition. Along with that, the appropriate filing fees must be paid.

Discuss Divorce Settlement Terms

Next, we discuss important divorce settlement terms. We will need to work with the other involved party to separate your intertwined lives. Some of the different divorce settlement terms that will need to be discussed include:

– Division of marital property and assets and marital debts
– Alimony
– Child custody
– Child support
– Post-divorce tax considerations, including for example which parent can claim a child as his or her dependent
– Estate planning

Reaching an Agreement - Mediation

Ideally, after spouses provide each other with details as to their financial situation and after consideration of the family situation and dynamics, the parties can work out a Marital Settlement Agreement (“MSA”). An MSA typically addresses all the issues pertinent to their situations (e.g., when there are minor children of the marriage, the agreement would include a parenting plan that includes how time-sharing and parental responsibility and also child support). When spouses cannot come to an agreement on their own, attending mediation may be the next best option to avoid having the judge make these decisions on their behalf. Mediation gives you a chance to give and take when negotiating with a soon-to-be former spouse.

The mediator can help both parties remain levelheaded and offer helpful suggestions to resolve the areas in dispute. If mediation is unsuccessful, the judge presiding over the case has the authority to determine whether alimony will be paid, how much alimony should be paid, how the marital estate will be divided, as well as matters related to the children.

Finalize the Divorce

Once the divorce settlement terms have been finalized, whether by agreement or after trial, the final dissolution of the marriage order will be entered and the parties are deemed single again. Subsequent to the divorce, there are unfortunately still times when the parties may find themselves in need of more legal help again. Among such situations are when a party fails to meet his or her support obligations or when a modification in support or the parenting plan or child support is needed.

Bradenton Divorce FAQ

Going through a divorce is never easy. It is common for families to find their emotions running high and have many unanswered questions about what life will be like after divorce, how long it will be before the divorce is settled, and more. Going online to find answers can be difficult, as much depends on the unique facts and circumstances of your family situation. Whether someone has recently filed for divorce or is considering their options, consulting our Bradenton divorce lawyers may be a better alternative than spending hours poring through search results that do not give them the answers they need when they need them most.

To that end, we have included a FAQ below that goes into extensive detail about some of Florida’s most important divorce laws. If you have additional questions regarding the divorce process or the specific details of their case, you are encouraged to contact our team at Luhrsen Goldberg for more personalized information.

How long does it take to get divorced in Florida?

It depends on how complicated the divorce is. In uncontested divorces, the divorce process can be resolved in a matter of weeks. A simplified dissolution is appropriate in limited circumstances (there are no minor children; there’s an agreed division of the marital property; and alimony is not being sought). Even however in the regular divorce process, if both spouses can amicably work through the pertinent issues including how to split the marital property, both assets and debts; whether alimony is appropriate and if so the terms thereof; and of course a parenting plan and child support, the process will move much more quickly.

However, if the divorce is contested, it could take a year or more before the divorce is finalized. Some spouses will attempt to force their partners to remain married. They will make every step of the divorce process as difficult as possible. This cannot prevent the divorce from eventually being finalized, but it can take substantially longer for divorces like these to be settled. If either spouse is unwilling to work with the other, the decisions regarding the separation of your marital estate, including spousal maintenance and the distribution of your marital assets and debts, often end up before the judge, who decides.

Can I get my marriage annulled?

When a marriage is annulled, it is as if the marriage never existed. Legally, the couple was never married. For this reason, most marriages will not end in annulment but rather in divorce, signaling the end of the marriage. However, there are some circumstances under which annulment may be appropriate. Per the Florida Courts, some of the most common reasons an annulment could be granted include:

Neither spouse has the mental capacity to consent to the marriage as for example when a minor gets married without parental consent.
Either spouse already being legally married
Either spouse intentionally misrepresents themselves through fraud
Either spouse denying the other marital rights, such as living together or engaging in an intimate sexual relationship
Either spouse refusing to disclose impotency issues prior to the marriage
Either spouse being forced into the marriage against their will

The individual seeking annulment must prove that one or more of these requirements have been met for the annulment to be granted. The plaintiff should be preparedd to provide the court system with financial records, bank statements, marriage certificates, communications exchanges, and other evidence that can help establish that the marriage should have never existed. If the petition for annulment is granted, the plaintiff will officially have never been legally married to the respondent.

What happens if my spouse cannot be located?

Being unable to locate one’s spouse to serve divorce papers can inhibit the divorce process, but it will not stop it from happening. Those who have trouble locating their spouse have the right to request permission from the court to post a notice of the divorce in a courthouse or newspaper as a means of notifying their soon-to-be ex-spouse. This is known as a “motion to serve by publication or posting,” as described under Florida Statutes § 49.011(4).

When the court grants a request to serve by publication or posting, the notice must remain posted in the courthouse or newspaper for four consecutive weeks. Prepare to make a court appearance to prove that an effort was made to locate the spouse and notify them of the intent to divorce. It may be wise to check social media, consult friends and family members, call current and former employers, and make other relevant efforts to locate the spouse who must be served divorce papers to avoid the newspaper or court publication.

After signing the affidavit of diligent search and publishing the notice of divorce, the judge may consider this proof of constructive service. At this point, the judge should allow the plaintiff to continue with their divorce request through a default judgment. Generally, the spouse being served will have up to 20 days from the date listed on the publication before a default judgment is issued per Florida Statutes § 61.19.

Do I need a divorce attorney near me?

Working with our Bradenton divorce attorneys could make all the difference in the outcome of our clients’ cases. Choosing a local divorce lawyer is almost always in the plaintiff’s best interests. Local attorneys will have experience negotiating with other family lawyers in the area and insight into how certain judges approach cases similar to the plaintiff’s. Working with a lawyer who recognizes the nuances of the local circuit courts can give plaintiffs and respondents an edge if their case goes to trial.

What are my options if my spouse is hiding assets?

It is far more common than people think for one spouse to attempt to hide assets. Florida follows equitable distribution laws per Florida Statutes § 61.075(1), so marital property should be divided fairly. Unfortunately, this is not enough for some spouses who hope to deny their ex the marital assets and property they are entitled to. If one spouse believes the other may be hiding assets, it may be in their best interest to consult their Bradenton divorce attorney.

Often the process requires that an outside financial expert, forensic accountant, or other specialist be retained to help analyze and track down potentially hidden assets. Those who suspect that their spouse may be hiding assets should, however, do their own digging, including looking through financial records, documents and places such as safes for evidence. Specialists also take a deep dive in an effort to identify undisclosed bank, offshore or other accounts, whether such were recently opened or closed and at other suspicious signs involving money and assets. Ultimately, if it is determined that a spouse has hidden assets, court can find them in contempt of court. To that end, the local family law standing order governing Manatee County family law cases specifically addresses how the parties may or may not utilize assets, handle debt and how personal and business records as well as insurance coverages are to be maintained.

How much does it cost to hire a Bradenton divorce lawyer?

The cost of hiring divorce lawyers near me can vary widely depending on the specific circumstances of the case. For more complex divorces where one spouse is making the divorce more difficult than it needs to be, or where the circumstances of the family’s situation are complex, both parties can expect to spend more on legal fees.

Generally, family law attorneys will require a retainer to begin the process. Typically, the work is done on an hourly basis, though some situations are done on a flat rate basis. As referenced, depending on how amicable or complicated the parties’ situation is further impacts how expensive or not the process will be. Ultimately, having an experienced Bradenton family law lawyer to help clients understand their rights and their likelihood of success, help them navigate the process as strategically as possible and effectively advocate for them can help them move more quickly towards the next chapter of their lives.

Call a Top-Rated Divorce Lawyer Near Me For Help Today

The end of a marriage can be absolutely devastating or empowering, depending on the state of the marriage, the marital history and the individual. Whether one spouse is destroyed at the thought of losing their spouse or looking forward to what the future might bring, it is crucial to understand Florida’s divorce laws and one’s individual rights through the process and upon divorce. Avoiding a drawn out and contentious fight is favored and Luhrsen Goldberg’s lawyers work hard to reach as peaceful and favorable a resolution as possible.

Our Bradenton divorce lawyers with Luhrsen Goldberg can help keep flared tempers under control and reduce conflict so the divorce can be finalized sooner. Contact our legal team for representation at any point in the divorce process. Individuals and families in need can complete our confidential contact form or call our office to schedule an initial case evaluation as soon as today.