North Port Divorce Lawyers

Making the decision to end a marriage is never easy. Divorce can be contentious and can leave people who once cared deeply about each other at odds. However, with the legal guidance and representation of our distinguished North Port divorce lawyers from Luhrsen Goldberg, a divorcing spouse can work through the divorce process to an end that minimizes strife whenever possible and should it be needed, fight to avoid being taken advantage of in an effort to attain a fair resolution. Those in need of a high-powered divorce attorney can contact our office to learn more about how the divorce process unfolds, their individual rights, and how to ensure they receive their fair share of the marital estate.

Luhrsen Goldberg’s experienced attorneys have a passion for zealous client advocacy and spouses and parents turn to our family law attorneys for both comprehensive and compassionate representation. Whenever possible they work to avoid unnecessary strife. They nonetheless stand ready and committed to fighting for their clients. Contact us to request a free, confidential case evaluation and discuss the specific circumstances of your pending divorce further.

Many people remain in unhappy marriages because they are unsure whether they have grounds for divorce. Florida is a no-fault divorce state as described under Florida Statute § 61.052. This means neither spouse needs to prove that the other did something to cause the marriage to fall apart to obtain a divorce. Instead, there are only two potential grounds that you can file for divorce on, including:

One spouse has been declared mentally incompetent for at least three years; or
The marriage is irretrievably broken.

Irretrievably broken simply means that the relationship does not work any longer. Furthermore, one spouse cannot prevent the other from seeking a divorce, though they can make the process more difficult by contesting the divorce terms. Uncontested divorces are far more simple than contested divorces.

With uncontested divorces, couples are able to work together to determine how they will divide their marital estate, whether alimony will be awarded, and what their child custody and support arrangements look like. These types of divorces are far less expensive and allow you to finalize your divorce sooner.

Simplified divorces are a special type of uncontested divorce. The pertinent distinctions are that there are no minor or dependent children involved and hence neither child support or custody are pertinent. In addition, neither spouse is seeking alimony. In short, the parties is a simplified dissolution agree as to who their property will be split.

Contested divorces typically involve some level of disagreement as to the issues that are to be resolved in a divorce. With contested divorces, one or both spouses struggle to determine how they will resolve the terms of their divorce. They may not agree about how the marital estate will be distributed and/or contest entitlement to or the terms of alimony to be paid. They may also have difficulty agreeing to a parenting plan, including time-sharing and how parental responsibility will be handled as well as child support obligations. Such challenges unfortunately can cause the divorce process to take longer and cost more in not just legal fees, but the emotional costs. Our divorce attorneys strive to help clients work out a divorce settlement as smoothly and un-contentiously as possible in an effort to allow them to pick up the pieces of their lives and move forward with their lives. Our family law attorneys are nevertheless there when the disagreements require zealously advocacy.

Before the divorce can be finalized, specific settlement terms must be resolved. Depending on the complexity of the marital estate, there are multiple terms the divorce lawyer will need to help the couple work through so they can finalize their divorce sooner. Some of the most important settlement terms that couples will need to work through include:

Distribution of marital assets
Spousal support
Child custody
Child support

One of the first steps in the divorce process is figuring out how couples will split up their marital assets, debts, and property. Florida is an equitable distribution state (see Florida Statute § 61.075(1); (Some other states are by contrast community property states). In Florida, equitable distribution requires that the ultimate division be fair or equitable. The courts however begin with the premise that hte marital assets and liabilities should be divided equally between the divorcing spouses (i.e. 50/50). Unequal distributions can be justified based on the relevant factors at play in the marriage. Among the pertinent factors are the length of the marriage; each spouses economic circumstances; whether one spouse helped the other attain an education or career; and whether one spouse interrupted their career or education.

Ideally, working with divorce lawyers will make it possible for families to separate their intertwined lives and amicably decide what is marital versus nonmarital property, with latter not being subject to equitable distribution. As to the marital property, deciding who gets what, including potentially the marital home, vehicles, jewelry, collections, and other, more complex finances, such as investments, bank accounts, retirement assets, businesses, and real estate must be worked out.

When looking for a divorce attorney near me, choosing one that can help families seek or address spousal support should be a top priority. Spousal maintenance, also known as alimony, is not guaranteed in Florida.

If one spouse earns substantially less than the other or significantly contributed to the other spouse’s career, it is more likely that spousal support will be issued. Both spouses’ income, expenses, earning capacity, employment history, and other factors will be taken into consideration.

Alimony can be awarded temporarily while the divorce is pending; for a short while upon divorce to help bridge the gap between being married and single; to help one spouse pursue a specific plan to rehabilitate their ability to earn a living; or for a specified duration that is linked to the length of the marriage. It can be awarded in a lump sum or regularly over time.

Families may be looking for divorce attorneys near me when they are struggling to work through child custody disputes. As part of the divorce process, couples will need to determine how they will split their parenting time and custody plans. Florida starts with a presumption that the children should split their time evenly between both parents. Circumstances may however warrant that one parent have more and in some limited circumstances even sole custody of the children.

Florida and it’s family court system encourages children to spend quality time with both parents whenever possible. As such, parents are expected to support such a relationship and are conversely admonished to undermine it. Unless there is some reason to believe one parent is a threat or risk to the child’s safety or well-being, the court system will encourage families to work out a joint legal and physical custody arrangement. However, if necessary, sole custody can be ordered.

As part of the child custody discussions, a divorce lawyer near me may also be able to help get child support taken care of. The amount that should be paid will depend on a number of factors, including the number of children, both parent’s income and expenses, how much time both parents spend with the children, and other factors. In most cases, child support will continue until the child turns 18 (or age 19 if the child is still completing high school) per the Florida state child support guidelines under Florida Statute § 61.13.

When looking for divorce lawyers near me, finding a legal representative who can get you the answers and insight you need when you need it most can be overwhelming. Luhrsen Goldberg understands that families may have many unanswered questions about the divorce process and what to expect when one spouse initiates divorce proceedings.

For that reason, we have included a quick FAQ below, discussing some of the most common questions and answers regarding divorce laws in Florida. Please also contact our office for a free confidential consultation to discuss your additional questions or concerns.

Annulment is available under specific circumstances. When a marriage is annulled, it is voided. This means it is as if the marriage never happened in the eyes of the law. However, when a marriage ends in divorce, the marriage is still legally valid. To be eligible for annulment, one or more of the following requirements must be met:

Either spouse was unable to give their consent to the marriage due to impairment or mental capacity.
Either spouse was coerced or forced into the marriage without their consent.
Either spouse intentionally misrepresented information to convince the other spouse to marry them.
Either spouse was already legally married to someone else.
Either spouse was under the age of 18 and unable to consent to marriage or did not have approval from their parents.
Either spouse being unable to consummate the marriage over several years.
Either spouse failed to inform their spouse of impotency prior to the marriage.

When a marriage ends in divorce, the couple divides their marital estate, and the lesser-earning spouse may or may not be entitled to alimony. However, when a marriage is annulled it legally never existed and as such property remains separate and so the court system generally has nothing to divide. However, there are certain circumstances in which spousal support and distribution of debts or assets may be necessary, so do not hesitate to contact a knowledgeable Sarasota divorce attorney with Luhrsen Goldberg to find out whether annulment is an option and what to expect if annulment is granted.

To move forward with a divorce in Florida, couples must meet the state’s residency requirements. As described under Florida Statute § 61.021, for divorce proceedings to continue in Florida, one or both spouses must have lived within the state for a minimum of six months prior to the divorce filing. If the couple has lived in Florida for a shorter period of time, they may need be able to file for divorce in their former state or alternatively, just wait until they meet Florida’s six month residency requirement.

Since Florida follows no-fault divorce laws, neither spouse needs to prove that the other did something wrong to cause the marriage to fall apart. This means that generally the issues involved in the dissolution will be determined according to the usual legal standards. In cases, where an unfaithful spouse has wasted or dissipated marital assets on the affair, the adultery can considered in conjunction with equitable distribution and alimony decisions. Similarly, adulterous behavior can also reflect on a parent’s moral fitness, which a court can consider in conjunction with determining appropriate custody arrangements for the children of the marriage. Our Sarasota divorce attorneys will know more after reviewing the specific circumstances of the case.

The spouse who initiates the divorce proceedings will also need to serve their spouse with divorce papers before they can move forward with the divorce process. However, those who cannot locate their spouse to serve them divorce papers may wonder whether they will need to remain married indefinitely. The good news is that those who are having trouble locating their spouse may be able to get divorced anyway.

The spouse who filed for divorce may be able to get divorced through a divorce by publication. Here, the spouse who filed for divorce will need to show the judge that they have taken the time and effort to find their spouse. This might involve looking them up on social media, speaking with their friends or family, contacting their employer, or potentially hiring a private investigator. If the spouse still cannot be found to serve them, the judge may allow a divorce by publication.

The spouse’s intent to move forward with a divorce can be published at the local courthouse or in the newspaper. Typically, the notice will need to run for at least four weeks before a divorce by publication can be granted, according to Florida Statute § 49.011. If the spouse who has been elusive still cannot be found, the court system can grant a default divorce.

The divorce process can be intimidating and leave people second-guessing whether they made the right decision to end their marriage. However, others may find the divorce process empowering and an opportunity to take control of their lives and live the way they have always dreamed of.

No matter the circumstances of the divorce scenario you are facing, an experienced North Port divorce lawyer from Luhrsen Goldberg can help families work through their divorce terms so they can start to move forward with their lives. Those ready to take action but are unsure of where to begin can complete our quick contact form or call our office to request a 100% free and confidential consultation as soon as today.