St. Augustine Divorce Lawyers  

Experienced Legal Support for Your Divorce in Florida

Filing for divorce was probably the furthest thing from your mind when you began your marriage, but the reality remains that roughly half of all married couples divorce sooner or later. There is no shame in deciding to end your marriage, but there are legal complications.

Get the support you need to overcome the legal hurdles and protect your best interests throughout your divorce. Work with the St. Augustine divorce attorneys at Owenby Law, P.A.

We are here to help you manage all facets of your divorce, including:

• Divorce mediation
• Child custody
• Child support
• Division of assets
• Military divorce
• Prenuptial agreements
• Spousal support

Are you going through a divorce? Call Owenby Law, P.A. today at (904) 770-3141 or contact us online to meet with our divorce attorney in St. Augustine!

Is Divorce the Right Choice for You?

During the divorce process, you’ll probably ask yourself if divorce is right for you. Having second thoughts about something that will significantly change your day-to-day and family dynamics is natural. As your trusted St. Augustine divorce attorneys, we can tell you all about the legal aspects of divorce and provide insight into why most people decide to get a divorce, which is the knowledge we have gained through many years of helping so many people dissolve their marriages. Ultimately, though, the decision if divorce is the right choice is yours to make—and possibly something to discuss with a therapy specialist first.

Considering the emotional and financial implications of divorce, it may be wise to seek counseling or mediation before making the final decision. Understanding these complexities can help determine if divorce aligns with your goals and aspirations. Sometimes, spouses find alternative solutions through guided mediation, preserving the relationship, or gradually transitioning into separate lives while mutually agreeing on all terms involved.

Even if you aren’t sure if divorce is the right choice right now, you can still benefit from our legal services. For example, we can review the divorce process and how your life would change once you file so you can better decide if you want to file later. You can talk to our attorneys and decide to wait or proceed, whichever is best.

Is Florida a No-Fault Divorce State?

Florida is a no-fault divorce state, meaning you don’t need a specific reason to divorce your spouse. Instead, you can say that your marriage is “irretrievably broken” or that you have “irreconcilable differences” that convinced you to file for divorce. If you have a specific reason for divorce from your spouse or think your spouse is “at fault” for destroying your happy marriage, you should let us know because it could affect your divorce in specific ways.

In no-fault states like Florida, negotiations generally focus on asset division and custody without needing to prove misconduct by either party. However, understanding how an "at fault" element might impact proceedings is crucial. For instance, claims of domestic violence or infidelity could influence court decisions on financial settlements or parental responsibilities, thus highlighting the importance of disclosing such issues to your legal representative when applicable.

Fault-based reasons for wanting to divorce a spouse include:

• Adultery
• Domestic violence
• Extensive prison sentence
• Abandonment
• Extensive mental incapacitation
• Several other common reasons

Again, you can file for divorce for any reason or no specific reason at all. Yet knowing something wrong that your spouse did could be helpful in your divorce case. For example, if your spouse physically abused you and your children, the court might not want to give parental rights to your spouse during child custody proceedings.

Will Your Divorce Be Contested or Uncontested?

In St. Augustine, your divorce will be categorized as either a contested or uncontested divorce, depending on how you and your spouse can agree on the terms of your divorce. It is not unusual for a divorce to be contested, as this occurs as soon as both spouses disagree with a point in the divorce decree. For example, if you want to be the primary custodial parent for your child, but your spouse does as well, then your divorce will become contested. To conclude a contested divorce, the matter will be brought to court for litigation and a judge or jury’s decision.

Understanding the dynamics of contested and uncontested divorces is essential in planning your approach. In a contested divorce, disputes can arise over asset distribution, spousal support, or child custody, leading to increased legal fees and extended timeframes. By contrast, an uncontested divorce typically involves less conflict and can often be negotiated outside the courtroom, facilitating a swifter and more amicable resolution.

An uncontested divorce is one where you and your spouse can agree on all components of your initial divorce decree. You will only need to review it again with your divorce lawyer in St. Augustine to ensure no stipulations are overlooked. If everything is satisfactory, you can go to court just once to get the divorce decree signed by a judge. An uncontested divorce can save you money, time, and energy when done correctly.

What are the Residency Requirements for Filing for Divorce in Florida?

Even if you and your spouse are both certain you are ready for divorce, the State of Florida might not be ready. Florida has a residency requirement that you must fulfill before a court will hear your divorce case. Under this rule, one or both spouses must have resided in Florida for at least six months before filing for divorce.

What Is the Divorce Process?

The typical divorce process in Florida will include these steps:

1. Talking to an attorney about getting a divorce and drafting a divorce decree.
2. Filing the divorce decree/petition with the proper court.
3. Serving the divorce papers to the other spouse.
4. Awaiting the response from the other spouse.
5. Gathering additional information and documents for the discovery process.
6. Entering mediation to negotiate a divorce agreement (and parenting plan).
7. Bringing your divorce agreement to the court for final approval; or,
8. Going to trial if you cannot cooperatively create a divorce agreement during mediation.

Each step of the divorce process carries its own set of challenges and requirements. From filing to final approval, understanding what to expect at each phase can empower you to make informed decisions. Mediation can often facilitate constructive dialogue, helping create a fair and mutually beneficial divorce agreement. Should mediation fail, a solid understanding of the litigation process and potential outcomes prepares you better for trial.

What To Do Before Filing for Divorce

Do you think you are ready for divorce but don’t know where to start? It helps to know a little about what you should do before you officially file.

Before you file for divorce in Florida, we recommend that you:

• Get legal knowledge and guidance from our attorneys if you have not already done so.
• Organize all documents related to your divorce, such as financial statements, asset summaries, etc.
• Arrange financial/credit accounts to be used independently and stop using joint accounts.
• Update access information for your accounts, such as social media and computers.
• Prepare to live separately from your spouse if it would be safer.

How Long Does Divorce Take?

Technically speaking, all divorces in Florida take at least six months due to the six-month residency requirement before the court will hear a divorce case. Although considering all other factors that go into a typical divorce, a six-month timeline is swift. On average, you can expect an uncontested divorce to take nine months and a year. If your case is contested, it will likely take over a year.

At Owenby Law, P.A., we never offer empty promises, so we won’t guarantee how long your divorce case will take. We can tell you that we will do what we can to avoid unnecessary delays so your divorce can conclude in as little time as possible based on the factors that make it unique.

Contact Our St. Augustine Divorce Lawyers  

The hardest part of a divorce is usually the first step. The uncertainties of the future ahead make many people hesitate. You can overcome this challenge and all the rest by retaining the services of Owenby Law, P.A., and our divorce attorneys in St. Augustine. Your comfort and satisfaction are our top priorities throughout your case.

Contact Owenby Law, P.A. today to schedule a meeting with our divorce attorney in St. Augustine!

Frequently Asked Questions (FAQs)

What Are the Costs Associated with Hiring a Divorce Attorney?

The costs of hiring a divorce attorney in St. Augustine can vary based on multiple factors, such as the complexity of your divorce, attorney experience, and the rate structure involved—whether hourly or flat fee. Understanding potential expenses can help you budget effectively during a financially stressful time.

Initial consultation fees are a common expense, although some attorneys offer a complimentary meeting. If your divorce is uncontested, legal fees might be more predictable and cost-effective than those for a contested divorce, which involves court representation, discovery work, and lengthy negotiation processes. It is advisable to discuss potential fees upfront with your attorney, including any additional charges like court costs or expert services, to gain a comprehensive understanding of your financial commitments before proceeding.

How Do Divorce Laws in Florida Affect Property Division?

In Florida, property acquired during the marriage is typically divided equitably, but this doesn't necessarily mean equally. The court considers several factors to determine an equitable distribution of assets, such as the length of the marriage, the economic circumstances of each spouse, and contributions to the marriage, including homemaking.

Specific local nuances, such as real estate valuation in the St. Augustine area, could impact how property is divided. Understanding Florida's legal stance on marital and non-marital property helps guide expectations for asset division. Detailed documentation regarding assets and liabilities facilitates a fair and comprehensive settlement agreement.

How Can I Manage Financial Stress During Divorce?

Divorce can impose considerable financial stress, but with strategic planning and resource management, you can mitigate its impact. Creating a detailed budget is a critical first step, allowing you to identify necessary expenses and potential adjustments to your financial lifestyle. Understanding how the divorce might affect your joint accounts, credit scores, and the cost of establishing a separate household is vital.

Consulting with a financial planner can offer insights into managing expenses and investments during this time. Additionally, engaging in open discussions with your attorney about possible financial outcomes helps manage expectations. Remember to prioritize self-care; mental and emotional well-being is central to resilience during financially challenging times.

Is Mediation a Viable Alternative to Divorce Litigation?

Mediation offers a viable alternative to traditional divorce litigation and is increasingly utilized in St. Augustine to resolve disputes amicably. This collaborative approach involves a neutral third-party mediator who assists both parties in reaching mutually acceptable agreements, reducing the adversarial nature of divorce.

Opting for mediation can often reduce legal costs and time spent in court, fostering a more constructive environment for negotiation—particularly beneficial when children or joint assets are involved. However, for mediation to be successful, both parties must be willing to compromise and communicate effectively. Consulting with a skilled attorney can help determine if mediation aligns with your goals and circumstances.