Orange Park Divorce Lawyers

Family Law Attorneys in Orange Park, Florida – (904) 263-5759

Filing for divorce and going through the legal motions can seem intimidating at a first glance, but it does not have to be this way. Work with Owenby Law, P.A. and our divorce attorneys in Orange Park to reduce the stress of the situation by allowing a highly experienced legal team to manage your divorce case.

What is a Divorce?

Divorce, also known as dissolution of marriage, is a legal process that terminates a marriage contract between two individuals. In Florida, divorce can be categorized into two main types: contested and uncontested.

A contested divorce occurs when the spouses cannot agree on one or more divorce-related terms. Common types of divorce issues include:

• Child custody
• Child support
• Property division
• Spousal support

In a contested divorce, the couple typically relies on the court to resolve their disputes through litigation. This can involve hearings, negotiations, and potentially a trial where a judge makes the final decisions on unresolved issues.

Contested divorces tend to be more time-consuming, emotionally draining, and expensive due to legal fees and court costs.

On the other hand, an uncontested divorce occurs when both spouses agree on all aspects of the divorce. In this type of divorce, the couple can submit a joint petition for dissolution of marriage along with a marital settlement agreement outlining their agreed-upon terms.

Uncontested divorces are typically faster, less costly, and less contentious compared to contested divorces. They also tend to involve less court intervention.

Florida Divorce Laws

Florida is a "no-fault" divorce state, meaning that neither spouse needs to prove fault or wrongdoing by the other party in order to obtain a divorce. The only requirement is that the marriage is irretrievably broken or that there are irreconcilable differences between the spouses.

When it comes to the residency requirement, at least one spouse must have lived in Florida for at least six months before filing for divorce in the state.

Florida follows the principle of equitable distribution when dividing marital assets and debts. Equitable distribution means that assets and debts acquired during the marriage are divided fairly, though not necessarily equally, between the spouses. Separate property, which includes assets owned by either spouse before the marriage or acquired through inheritance or gift during the marriage, typically remains with the original owner.

Florida courts may award alimony, or spousal support, to one spouse based on factors such as the duration of the marriage, each spouse's financial resources and earning capacity, and the standard of living established during the marriage. The purpose of alimony is to provide financial support to a spouse who is financially dependent on the other spouse.

In cases involving minor children, Florida courts prioritize the best interests of the child when making decisions about child custody and support. Custody arrangements can be either sole custody (where one parent has primary physical and legal custody) or shared custody (where both parents share physical and legal custody). Child support guidelines in Florida are based on factors such as each parent's income, the child's needs, and the amount of time each parent spends with the child.

Divorcing parents with minor children are required to create a parenting plan outlining how they will share responsibility for parenting tasks and make decisions regarding their children's upbringing. This plan must be approved by the court and should address issues such as time-sharing schedules, parental responsibilities, and communication between parents.

Simplify Your Divorce with Our Family Law Firm

There are going to be many questions and concerns in your divorce. You could be looking at an uncontested, collaborative divorce process and still be faced with plenty of unknowns. If you have the representation of our Orange Park divorce lawyers, then you do not need to worry at all. We promise to do everything we can to manage your case in a way that exceeds your expectations. Your best interests are our top priorities.

For the most part, divorces can be made easier by thinking about cooperation, not contests. We like to see if we can avoid burning bridges as your divorce progresses. However, if your spouse is not budging on something, we will be more than ready to take your contested divorce case to court for litigation and a legal battle.

We handle all types of divorce, including those involving high-value assets and military spouses.

Find Out More About Divorce Cases by Calling (904) 263-5759