Sarasota Divorce Lawyers
Divorce Lawyers
Some people are crushed when their spouse asks for a divorce. Others find divorce liberating and an opportunity to build a brighter future. In either case, the divorce process can be emotionally taxing and stressful for the entire family. Thankfully, the divorce process does not need to be so overwhelming with the guidance of our highly experienced Sarasota divorce lawyers protecting families’, including your family’s, rights.
It is sadly not unusual for one spouse to attempt to take advantage of the other when the marriage falls apart. It is also not uncommon that divorcing couples are able to generally agree on many of the issues that must be resolved. Very commonly, the parties are somewhere in between as to how to end their marriage. It is up to the divorce attorney to understand their client’s rights and identify the issues and circumstances to pursue. Sometimes it entails pursuing a spouse attempting to hide assets; other times, it’s about ensuring that the marital estate is appropriately and equitably divided and child support and custody matters are handled. No matter how contentious or amicable the situation, our legal team with Luhrsen Goldberg work with our clients to push and fight as needed for our clients. Contact our family law attorneys to schedule a free confidential consultation today and learn more about individual rights when a marriage ends and what to expect from the divorce process.
Finding the Right Divorce Attorney Near Me
Choosing divorce attorneys can be particularly challenging. There are many, many divorce law attorneys and firms to choose from, each claiming to be the best at what they do. At Luhrsen Goldberg, we understand that what people going through divorce need more than anything is support.
When someone is at their wit’s end and ready to call it quits or recently was served divorce papers and is crushed at the thought of their marriage ending, they need a legal representative to help them protect their rights and get through some of the most emotionally challenging times in their lives. Choose a divorce lawyer with Luhrsen Goldberg to get compassionate legal advocacy and strategically aggressive representation.
Grounds for Divorce Under Florida Law
There are two primary grounds for divorce in Florida. Florida law provides (in Florida Statutes § 61.052) that marriages can be dissolved when one party is mentally incapacitated and has been for the last three years, or the marriage is beyond repair. The most common basis is that the marriage is irretrievably broken. Simply wanting to be divorced and no longer share a life together is essentially reason enough to move forward with the divorce process. No-fault divorce (in other words, not requiring that a party prove wrongdoing) allows the parties to focus on the practical issues associated with divorce, helps alleviate some of the emotional consequences to families and removes what can be a costly issue to prove.
Residency Requirements
The residency requirements must be met for a couple to file for divorce in the state of Florida. Under Florida law (Florida Statutes § 61.021), at least one spouse must have lived in Florida for a minimum of six months before the divorce filing. Only one spouse has to meet the six month residency requirement in order for Florida to have jurisdiction. Proving residency is established via testimony from witnesses, voter registration, identification cards, or a Florida driver’s license.
Divorce Scenarios
Our divorce attorneys near me will need to review the circumstances of our client’s cases to determine the issues to be resolved. In some circumstances, where the parties are able to agree on how to resolve all the issues pertinent to their divorce, the divorce is uncontested. One type of truly uncontested divorce is known as a simplified dissolution and is only available to the parties in very specific circumstances. Divorces, where there are issues to be worked through and even taken to trial, are contested ones. Ultimately one of the primary factors as to whether a divorce is going to be expensive to obtain is how amicably or not the issues can be determined.
Contested Divorce
Individuals getting divorced where the issues are complex or the ability to reach a compromise is challenging scenarios where there’s frequently a contest. For example, couples that cannot agree about how to divide up the marital assets and debts, or where there is a business involved, or where alimony might be appropriate are examples of situations where hiring a closeby divorce lawyer would be beneficial. Likewise, families with children for whom issues of child support and custody and time-sharing need to be worked out also benefit from hiring a nearby family law attorney. The family law lawyers at Luhrsen Goldberg work with their clients and whenever possible and appropriate try to resolve the divorce as soon as possible and also work to minimize conflict. Some circumstances however require more; our divorce attorneys zealously advocate in these situations too.
Uncontested Divorce
In an uncontested divorce scenario, divorce lawyers near me can still offer valuable insight and guidance. With uncontested divorces, the process typically goes relatively smoothly as long as both spouses are able to continue to work towards similar ends.
Simplified Divorce
A simplified dissolution is only available under limited circumstances. As with any divorce, it’s available if at least one spouse has been a Florida resident for at least six (6) months before filing. In addition, the following must be true:
The spouses are in agreement that the marriage is irretrievably broken;
There are no minor or dependent children involved;
The wife is not pregnant;
The spouses have satisfactorily worked out how their marital property (both assets and debts) will be divided between them;
Noone is seeking alimony;
You give up your right to trial and appeal;
Both parties are willing to sign the dissolution petition; and
Both parties are willing to attend the final hearing.
Annulment
Our Sarasota divorce attorneys may be able to help if our clients are hoping to get their marriages annulled. Marriages can be annulled based either on a void marriage or a voidable marriage. Put differently, the formation of the marriage was somehow defected such that the court declares that the marriage had never existed. Unfortunately as explained by the Florida Courts, Florida law only allows for annulment if:
One spouse was coerced or forced into the marriage;
One spouse withheld important facts or deceived the other into marriage;
Either spouse was under the age of 18 and did not have parental consent;
Failing to consummate the marriage for several years;
One spouse was still legally married to someone else (i.e. bigamy);
Either spouse was mentally incapable of consenting to the marriage;
Either spouse was under the influence of drugs or alcohol at the time of the marriage;
Either spouse failed to disclose impotency issues before the couple got married;
Marriage annulments do not involve the division of marital property and assets, as the state’s equitable distribution laws only apply to marriages and since the annulment as the effect of nullifying the marriage, there can be no marital property. As such, the property involved is separate property and the parties leave with the property they brought and for property acquired, work out a division. In some limited circumstances, alimony can be awarded in an annulment. Child support and child custody are determined as they would be in any situation.
Sarasota Divorce FAQ
Families often turn to a Sarasota divorce lawyer for help not only to protect their interests but also because they are unsure of how the divorce process will unfold. They are often unsure about much of the process – from how much it could cost, to what child custody or time-sharing and parenting plans may look like to whether their spouse is going to be able to take control of the assets, or whether their spouse will be able to demand spousal maintenance as part of the divorce settlement. The answers to these questions can vary widely on a case-by-case basis.
Our team at Luhrsen Goldberg aims to help husbands and wives, whether the process has already been started or needs to be initiated, and prides itself on compassionately navigating their clients through the entire process, whether amicable or contentious. Given the uncertainty and stress of the process, there are understandably many questions. For that reason, we have included a quick FAQ below. Families can read through these questions and answers to find clarity when they need it most. Those who have additional questions or concerns should contact our law office for a free, confidential consultation and a more personalized review of their circumstances.
What happens if I cannot find my spouse to serve them divorce papers?
One spouse may believe they can avoid getting divorced by avoiding the process server. The divorce process generally cannot continue until that spouse, called the “respondent,” has been served their divorce papers. The court system does allow for situations where a spouse is evading service or otherwise cannot be found; in those circumstances, the spouse initiating the divorce, called the “petitioner,” can move forward with their divorce if they file a motion to serve by publication. This service is known as constructive service by publication (Florida Courts).
Constructive service involves notice by publication in a newspaper or courthouse of the petitioner’s intent to divorce their spouse. This publication must run for a minimum of four consecutive weeks. Typically, the respondent will have up to 20 days from the publication posting to respond. If they fail to do so, the family court judge can issue a default judgment in the plaintiff’s favor, finalizing their divorce.
Petitioners must make every effort to perform due diligence before resorting to a motion to serve by publication. Talk with friends and family members, look on social media, contact current and former employers, or consider reaching out to other known associates for information as to the respondent’s whereabouts.
Can my spouse prevent me from getting divorced?
As a no-fault divorce state, one spouse cannot prevent the other from getting divorced. That does not mean, however, that a recalcitrant spouse won’t do everything they can to avoid a formal divorce or make the process difficult. In such situations, the spouse does may go to great lengths to avoid the process. In addition to potentially evading the process server, they may argue with the petitioning spouse over the issues to be determined (e.g., equitable distribution) and otherwise prolong the divorce process.
While this can make the divorce take longer, ultimately, nothing is preventing the petitioner from being able to end their marriage. In situations where a spouse refuses to acknowledge that the marriage is irretrievably broken, the court can make that determination upon hearing When one spouse attempts to prevent the other from divorcing, the judge can simply step in and upon hearing evidence find the marriage is irretrievably broken.
How will my divorce be affected if my spouse cheated?
As a no-fault state, no fault or wrongdoing such as adultery, is required in order for there to be grounds for divorce. As such, adultery is largely irrelevant except as it may pertain to certain issues to be resolved. In particular, Florida follows equitable distribution laws (found at Florida Statutes § 61.075), and under certain circumstances a spouse’s cheating may become pertinent, particularly if cheating spouse dissipated or wasted marital assets on the affair.
When it comes to alimony, the court must determine if there is a need for spousal support and also I the paying spouse has the ability to pay. In reviewing the parties’ financial situations, the court can account for a cheating spouse’s use of marital assets for the benefit of the affair, among other factors.
Adultery can also come in to play when it comes to a court’s determining what custody arrangements are in the child(ren)’s best interests. Among the factors the courts look at is the moral fitness of the parents. Some adulterous behavior could impact the adulterous parent’s moral fitness and potentially impact the amount of parenting time that parent will be awarded.
How long am I entitled to alimony?
The amount of time alimony is paid varies depending on the type of alimony awarded and the length of the marriage. There are four primary types of alimony (Florida Statutes § 61.08):
Temporary Alimony: Temporary Alimony or pendente lite alimony is paid on a temporary basis while the divorce is pending to help the recipient adjust to their new life.
Bridge-the-Gap Alimony: Bridge-the-gap alimony is also paid on a temporary basis for up to two years after the parties are divorced and is aimed to help the lesser-earning spouse bridge the gap from being married to being divorced..
Rehabilitative Alimony: Rehabilitative alimony is designed to aid a spouse an opportunity to obtain further job training or education so they can eventually provide for themselves. Rehabilitative alimony requires a detailed plan and can be granted for no more than five years.
Durational alimony – Durational alimony is awarded for a specified period of time based on the length of the marriage (up to 50% of the length of a short-term marriage;up to 60% of a marriage lasting at least 10 years but less than 20 years; up to 75% of the length of the marriage lasting for 20 years or more). The amount of alimony is a calculation that is based on the differences in the spouses’ income.
Permanent Alimony: In 2023, Florida abolished permanent alimony. The change applies to parties seeking a divorce (i.e. pending divorce when the law became effective); existing permanent alimony awards were not impacted. Permanent alimony awards, other than “non-modifiable” ones, are however subject to modification or termination.
Alimony is not guaranteed in every divorce case. There must be both a need on the part of the recipient spouse and an ability to pay on the part of the payor spouse. In addition, the court considers various factors in determining whether alimony should be paid, and if so, how long, include:
Both spouses’ financial resources
Both spouses’ physical and mental health
Whether either spouse gave up opportunities in support of the marriage
Both spouses’ employability, education, and earning capacities
Whether there was domestic violence or abuse within the marriage
What do I do if my spouse is attempting to hide assets or marital funds?
The best way to handle a spouse who is attempting to hide assets or marital funds is to get a legal representative involved. It can be difficult to know what a spouse is capable of if they are willing to hide marital property and assets and deprive the other spouse of what is rightfully theirs. If concerned that a spouse is attempting to hide assets, getting a divorce lawyer involved may be in their best interest.
In such situations, it may also be necessary to hire an expert financial analyst and/or forensic accountant to review bank statements, personal accounts, investment funds, and the couple’s financial history as a whole to help locate and identify hidden accounts, including ones that were sold. whether assets were sold off, and other instances in which one spouse may have attempted to secure more than their fair share of the marital estate.
Contact Our Reputable Sarasota Divorce Lawyers for Help Today
For some, getting divorced turn’s their world upside down. Others getting divorced may have a brighter perspective as to their future that helps them through the divorce process. Regardless, there is a need to separate their intertwined lives by dividing marital assets and property, determining whether alimony should be paid, and when there are also children, determining appropriate child custody or time-sharing arrangements, parenting plans, as well as support orders. Working through the process of divorce can be confusing, complicated, contentious or some combination of that. Contact our dedicated Sarasota divorce lawyers help you with questions or concerns about your divorce situation by contacting us for a free confidential consultation.
Luhrsen Goldberg’s experienced attorneys help husbands and wives work through and cope with the end of their marriage. Given the often physical, emotional and financial toll that divorcing families face, we work to finalize the process as quickly as possible so they can begin the new chapter of their lives. To schedule a confidential consultation as soon as today, simply complete our online contact form or call our office to find out what your next steps should be.