Divorce is undeniably one of life’s most challenging experiences. The emotional and legal complexities can feel overwhelming, especially when you’re facing such a significant life transition. You shouldn’t have to navigate this stressful journey alone. Securing the support of a skilled Divorce Lawyer In Orlando can be instrumental in protecting your interests and ensuring a smoother process. At Conti Moore Law Divorce Lawyers, PLLC, we understand the emotional and legal hurdles you’re facing, and our dedicated team is here to guide you every step of the way.
Our award-winning Orlando divorce attorneys are committed to minimizing the stress and uncertainty associated with divorce. We strive to make the legal process as clear and manageable as possible, allowing you to focus on rebuilding your life.
With over 50 years of combined experience in Florida family law, our firm offers a wealth of knowledge and proven strategies to effectively handle your divorce case. We are passionate advocates for our clients, dedicated to achieving the best possible outcomes in even the most complex situations.
Contact Conti Moore Law Divorce Lawyers, PLLC in Orlando, Florida, today for a free case evaluation and discover how our compassionate and experienced attorneys can help you navigate this challenging chapter. Call our Orlando law office now at (407) 831-0203 to schedule your confidential consultation.
Why Choose Conti Moore Law Divorce Lawyers, PLLC For Your Orlando Divorce?
Why Choose Conti Moore Law, LLC For Help With Your Divorce in Orlando, FL
When facing a divorce, it’s rare for both spouses to agree on every aspect of the separation. Disagreements about asset division, child custody, and support are common, making it essential to have a strong advocate on your side. You need more than just a divorce attorney; you need a dedicated legal team that will champion your rights and fight for the results you deserve.
This is precisely what you gain when you choose Conti Moore Law Divorce Lawyers, PLLC. You’ll benefit from a collaborative approach, where a team of seasoned, award-winning Orlando family law professionals works diligently on your behalf.
Here’s what sets us apart:
- Extensive Experience: Over five decades of collective experience representing individuals and families in divorce and various family law matters throughout Orlando and Central Florida.
- Collaborative Legal Approach: Our Orlando Collaborative Divorce Attorneys employ a team-driven strategy, ensuring that every client benefits from our collective expertise and comprehensive understanding of the Florida family law system. This approach allows for diverse perspectives and ensures no detail is overlooked in your case.
- Nationally Recognized Family Law Leaders: Our attorneys have consistently been recognized for excellence in family law, including being named SuperLawyers Rising Stars for multiple consecutive years. This recognition reflects our commitment to exceptional legal representation and client advocacy.
- Exceptional Client Satisfaction: We are proud of our glowing client testimonials and unmatched client satisfaction, evidenced by our perfect “10” Rating on Avvo. Our clients consistently praise our responsiveness, empathy, and effective legal strategies.
- Orlando Magazine “Awesome Attorneys” Recognition: Conti Moore Law Divorce Lawyers, PLLC, has been consistently named to Orlando Family Magazine’s prestigious list of Awesome Attorneys, further solidifying our reputation within the Orlando legal community.
We are known for being aggressive advocates, driven to achieve the best possible outcomes for our clients, and laser-focused on protecting your family’s future. When so much is at stake, don’t settle for less than the best. Choose Conti Moore Law Divorce Lawyers, PLLC, your trusted divorce lawyers in Orlando, and prioritize your family’s well-being.
Understanding the Florida Divorce Process: An Overview
If you’re considering divorce, you likely have numerous questions about the legal process ahead. Here’s a comprehensive overview of divorce in Florida, including key aspects of Florida divorce laws and essential information to help you get started with your Orlando divorce lawyer.
What Exactly is Divorce?
Divorce, legally termed “dissolution of marriage” in Florida, is the formal legal process of ending a marriage between two individuals.
Upon completion of the divorce process and the judge’s signature on the Final Judgment of Dissolution of Marriage, both individuals are legally considered single. However, the specific terms outlined in the divorce decree will profoundly shape their lives in the aftermath of the separation, impacting finances, parenting responsibilities, and more for years to come.
Initiating the Divorce Process in Florida
How is a Divorce Initiated?
To initiate divorce proceedings in Florida, one spouse must file specific legal documents with the Clerk of the Circuit Court in the appropriate county. In cases of a simplified dissolution of marriage, both spouses are required to jointly file and sign the petition.
For a standard dissolution of marriage, the spouse initiating the divorce (known as the petitioner) will typically file one of two types of petitions, depending on their family situation:
- Petition for Dissolution of Marriage with Children: Filed when the couple has minor children together. This petition addresses issues related to child custody, child support, and parenting plans.
- Petition for Dissolution of Marriage with Property But No Children: Filed when the couple has accumulated marital property or debts to be divided but does not have minor or dependent children.
The petitioner is required to file the petition in the county where the couple last resided together as a married couple. After filing the necessary paperwork and paying the associated court fees, the petitioner must formally “serve” the divorce documents to the other spouse (referred to as the respondent). Service is a legally mandated process to officially notify the respondent of the lawsuit and provide them with the opportunity to respond.
The respondent has the option to waive formal service. However, if the respondent declines to waive service, the sheriff’s office in the respondent’s county will typically serve the petition, often through a designated process server.
Once formally served, the respondent is legally obligated to respond to the petition and the proposed terms outlined within a specific timeframe. The divorce process officially commences only upon the respondent being properly served with the petition. Consulting with an Orlando divorce lawyer is crucial from the outset to ensure all procedural requirements are met correctly.
Grounds for Divorce in Florida: No-Fault Divorce
Florida is designated as a “no-fault” divorce state. This significant legal provision means that neither spouse is required to prove fault or misconduct on the part of the other spouse to obtain a divorce. You do not need to demonstrate adultery, abuse, or abandonment to legally end your marriage in Florida.
The sole legal ground for divorce in Florida is that the marriage is deemed “irretrievably broken.” This essentially means that either spouse can seek a divorce by simply asserting to the court that the marital relationship is beyond repair and cannot be salvaged. Irreconcilable differences are sufficient grounds for divorce in Florida.
It’s important to note that while Florida is a no-fault divorce state, marital misconduct can still be considered by the court when determining alimony or spousal support and when creating a parenting plan, particularly if the conduct impacts the welfare of the children.
In addition to “irretrievably broken,” Florida law also allows for divorce if one spouse has been legally declared mentally incapacitated for a minimum of three years.
Divorce Residency Requirements in Orlando, Florida
How Do I Qualify For a Divorce in Orlando?
To file for divorce in Florida, specific residency requirements must be met by either spouse. At least one spouse must have resided in the State of Florida for a minimum of six months immediately preceding the filing of the divorce petition. This residency requirement establishes jurisdiction for the Florida courts to preside over the divorce case.
Furthermore, the divorce petition must be filed in the county where you currently reside. If you live in Orlando, Florida, your divorce petition would be filed with the Orange County Clerk of Courts. Navigating these jurisdictional requirements can be complex, and an experienced divorce lawyer in Orlando can provide invaluable assistance in ensuring proper filing and compliance.
Waiting Period for Divorce Finalization in Florida
Florida law mandates a minimum waiting period before a divorce can be finalized. A Florida court is legally prohibited from issuing a Final Judgment of Dissolution of Marriage until at least 20 days have elapsed from the date the initial divorce petition was filed.
This mandatory 20-day waiting period is intended to provide couples with a brief period for reflection, ensuring that the decision to proceed with divorce is not made impulsively due to temporary disagreements or emotional distress.
While 20 days is the minimum waiting period, it’s crucial to understand that the vast majority of divorces in Florida, particularly those involving children, significant assets, or contested issues, take considerably longer to resolve. Complex divorces can take months or even years to reach final resolution.
Types of Divorce in Orlando, FL: Choosing the Right Path
Florida law recognizes several distinct types of divorce proceedings, each tailored to different family circumstances. The appropriate type of divorce for your situation will depend on factors such as whether you and your spouse agree on the divorce terms, whether you have children, and the extent of your marital assets. Understanding these different types is crucial when planning your divorce strategy with your Orlando divorce lawyer.
There are five primary types of divorce in Florida:
- Simplified Dissolution of Marriage (Simplified Divorce): This is the most streamlined type of divorce, available only when both spouses fully agree on all terms of the divorce, including property division, alimony, and child-related matters. It is generally faster and less expensive than other divorce types.
- Dissolution of Marriage with No Children and No Property: This type is suitable when the couple has no minor children and has minimal or no marital assets or debts to divide. It is typically a relatively straightforward process.
- Dissolution of Marriage with No Children (Regular Divorce): This applies when the couple has no minor children but has marital property or debts that require division. It involves more complexities than a simplified divorce and may require negotiation or litigation to resolve property division and other financial issues.
- Dissolution of Marriage with Children (Regular Divorce with Children): This is the most common type of divorce and is applicable when the couple has minor children. It involves addressing all aspects of divorce, including child custody (parental responsibility and time-sharing), child support, parenting plans, and property division. These cases can be more complex and emotionally charged.
- Dissolution of Marriage with Children and Relocation (Divorce with Relocation Issues): This type arises when one parent wishes to relocate a significant distance with the children, which can trigger legal complexities and require court approval, especially if the other parent objects.
What Are the Different Types of Divorce in Orlando, Florida?
The specific approach taken in your divorce will be highly individualized, depending on your unique family dynamics and circumstances. Factors such as the length of the marriage, how assets were acquired during the marriage, and the presence of children all significantly impact the divorce process. Consulting with an experienced divorce lawyer in Orlando is essential to determine the most appropriate type of divorce and develop a tailored legal strategy.
Equitable Distribution: Dividing Property in an Orlando Divorce
Florida operates under the principle of equitable distribution when it comes to dividing marital property in a divorce. This legal framework dictates that marital assets and liabilities should be divided fairly between divorcing spouses, although “fair” does not necessarily mean a 50/50 split. The goal is to achieve a just and equitable outcome based on the specific circumstances of the marriage.
Several factors can influence how marital assets are divided, including:
- Contributions to the Marriage: This encompasses both financial contributions (income, savings) and non-financial contributions (homemaking, childcare, support for a spouse’s career). The court will consider each spouse’s contributions to the overall well-being of the family.
- Length of the Marriage: Longer marriages often result in a more equal division of assets, as there is a greater presumption of shared contributions and intertwined finances over time.
- Economic Circumstances of Each Spouse: The court will consider the financial situation of each spouse after the divorce, including earning capacity, needs, and future prospects. This can influence the equitable distribution of assets to ensure neither spouse is left in a financially precarious situation.
- Specific Interests in Property or Businesses: If one spouse has a particular interest in retaining a specific asset, such as a family business or heirloom, the court may consider this factor when dividing property, potentially offsetting the value with other assets.
Marital property generally encompasses all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. This can include real estate, bank accounts, investments, retirement funds, vehicles, and personal property. Importantly, assets owned by either spouse prior to the marriage are typically considered separate, non-marital property and are not subject to division in a divorce, unless they have been commingled with marital assets or their value has increased due to marital efforts.
Even assets initially considered separate property can be classified as marital property if they were used for the benefit of the marriage and improved through the joint efforts of both spouses during the marriage. For example, if a spouse owned a home before the marriage but both spouses contributed to renovations and mortgage payments during the marriage, a portion of the home’s increased value may be considered marital property.
Property division is a critical and often complex aspect of any divorce in Orlando. Engaging an experienced Orlando property division attorney is crucial to protect your financial interests and ensure a fair and equitable distribution of marital assets and debts.
Conti Moore Law: Your Partner in All Aspects of Orlando Divorce
Ready to Help With All Aspects of Your Orlando Divorce
Deciding to divorce is the initial step. The next crucial phase involves resolving numerous interconnected issues that must be legally addressed before a court will finalize your divorce petition. These issues can range from child custody and support to property division and alimony.
Since 2012, the dedicated Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, have been providing compassionate and effective legal representation to clients navigating divorce and related family law matters. We are committed to helping you achieve the best possible solutions in areas such as:
Child Custody and Time-Sharing
If you have children, divorce proceedings become significantly more intricate. Under Florida law, both parents have equal rights and responsibilities regarding their children. Therefore, divorce necessitates the creation of a comprehensive Parenting Plan that outlines custody arrangements, visitation schedules (time-sharing), and decision-making responsibilities.
Whether your goal is to establish shared parental responsibility or pursue sole custody, our experienced Orlando child custody attorneys will work diligently to develop a Parenting Plan and time-sharing schedule that prioritizes your children’s best interests and meets the unique needs of your family. We firmly believe that your children’s well-being must be paramount, and our legal strategies are designed to ensure their needs are met throughout and after the divorce process.
Child Support Determination and Enforcement
Ensuring your children’s financial needs are met after divorce is a critical concern. Determining how expenses such as education, healthcare, and daily living costs will be covered is a key aspect of divorce proceedings involving children. Ideally, both parents will agree to share these financial responsibilities and collaboratively develop a plan to ensure their children are adequately supported.
In Florida, courts can legally mandate a non-custodial parent to make regular child support payments. Florida utilizes specific child support guidelines to calculate the appropriate amount of support, taking into consideration various factors such as each parent’s income and earning capacity, the child’s needs, healthcare expenses, childcare costs, and the number of children involved.
Our dedicated Orlando child support lawyers are committed to helping you establish a fair and comprehensive child support plan that ensures your children receive the financial resources they need. We can assist in calculating guideline support, addressing deviations from the guidelines when warranted, and enforcing child support orders when necessary.
Spousal Support (Alimony) Considerations
Income disparities between spouses are not uncommon in marriages. In some cases, one spouse may have primarily focused on homemaking and raising children, potentially forgoing career advancement. Following divorce, this spouse may require financial assistance to adjust to single life and become self-supporting.
Florida law allows for the possibility of spousal support, also known as alimony, to provide financial assistance to a spouse in need after divorce. Alimony payments are determined based on a range of factors, including the length of the marriage, the spouses’ respective financial resources and earning capacities, contributions to the marriage, and parenting responsibilities. While Florida is a no-fault divorce state, marital misconduct can be a factor considered in alimony determinations, particularly if it resulted in financial hardship for the other spouse.
Our experienced Orlando spousal support lawyers will advocate for your financial needs, whether you are seeking alimony or defending against a spousal support claim. We will meticulously gather relevant financial documentation, including income records and expense statements for both spouses, and present compelling evidence to support your position. We will also consult with financial experts when necessary to build a strong and persuasive case.
Property Division Strategies
In Orlando divorces, couples are legally entitled to an equitable (fair, but not necessarily equal) division of marital property. Generally, almost all assets and debts acquired by either spouse during the marriage are considered marital property and subject to division.
A comprehensive accounting of all marital assets and debts is essential. It’s also crucial to distinguish between marital property and separate, non-marital property owned individually by each spouse prior to the marriage. Anything less than a thorough and detail-oriented approach can result in an unfavorable property division outcome.
Our skilled Orlando property division attorneys will guide you through the complex process of identifying and classifying marital and non-marital assets. We will work closely with you to understand your priorities and advocate for your interests in specific assets you wish to retain.
We will also assist you in determining the most effective strategies for dividing marital property. This may involve negotiating asset allocation, considering whether to sell major assets like the family home or vehicles, and exploring creative solutions for dividing complex assets such as businesses or property with sentimental value.
LGBT Divorce Considerations
Since the landmark 2015 Supreme Court decision, LGBT couples have the same legal right to marry and divorce as heterosexual couples nationwide. However, dissolving same-sex marriages can sometimes present unique challenges, particularly as laws continue to evolve and catch up with societal changes, especially in areas involving children born or adopted during the marriage.
Navigating the specific legal nuances of Orlando LGBTQ Divorce requires specialized knowledge and sensitivity. Our Orlando LGBTQ divorce lawyers at Conti Moore Law are committed to staying at the forefront of legal developments affecting same-sex couples and providing informed and effective legal representation to protect our clients’ rights and families.
Uncontested Divorce Efficiency
Even when both spouses agree that divorce is the best course of action, proceeding without legal representation can be a risky undertaking. Divorce is a legal process with specific procedural requirements that must be meticulously followed.
In an Orlando Uncontested Divorce, seemingly minor errors or oversights can lead to significant delays, added expenses, and even the invalidation of divorce decrees. Furthermore, even in seemingly amicable divorces, disagreements can arise unexpectedly at any point in the process, potentially derailing the entire agreement. Having independent legal counsel for each spouse significantly increases the likelihood of a smooth, efficient, and legally sound uncontested divorce. Our Orlando uncontested divorce lawyers can ensure the process is handled correctly and efficiently.
Contested Divorce Litigation
A divorce is classified as “contested” when spouses disagree on one or more key aspects of the dissolution, such as the decision to divorce itself, child custody arrangements, property division, or alimony. These disagreements can lead to protracted negotiations and, if unresolved, require court intervention to make decisions.
The longer a divorce remains contested and unresolved, the more emotionally draining, time-consuming, and financially costly it becomes. Having a skilled, compassionate, and experienced Orlando contested divorce attorney representing you is crucial to navigate these complex situations effectively. We can help streamline the process, facilitate negotiations, and, when necessary, aggressively litigate your case in court to protect your rights and achieve the most favorable outcome possible.
Domestic Violence and Protection
In situations involving domestic violence, divorce may be necessary to safeguard the safety and well-being of a spouse and/or children. If you or your children have been victims of domestic abuse, our compassionate Orlando domestic violence lawyers can provide immediate legal assistance.
We can take swift action to initiate divorce proceedings and, if necessary, seek a temporary injunction (restraining order) to provide immediate protection for you and your children during the divorce process. Your safety and your children’s safety are our utmost priority. Contact us immediately if you are experiencing domestic violence; our Orlando domestic violence attorneys are here to fight for your safe and secure future.
Prenuptial and Postnuptial Agreements
While divorce is often unplanned, proactive legal planning can provide greater control over the financial aspects of a potential future divorce. Executing a prenuptial agreement before marriage or a postnuptial agreement during marriage allows couples to predetermine how assets, property, and finances will be divided in the event of divorce.
Prenuptial and postnuptial agreements are legally binding contracts that can simplify divorce proceedings and provide clarity and predictability regarding financial matters. As long as a prenuptial agreement is legally sound, compliant with Florida law, and entered into voluntarily by both parties, it will generally be upheld by Florida courts. Our experienced family law attorneys can assist you in drafting and negotiating prenuptial and postnuptial agreements that protect your financial interests and provide you with greater control over your future.
Judgment Modification and Enforcement
Divorce decrees and child custody orders are legally binding documents. However, life circumstances change. Job loss, significant income changes, relocation, or evolving child-related needs may necessitate modifications to existing court orders. For example, you may need to modify child support payments due to job loss or seek adjustments to visitation schedules due to relocation.
Florida courts recognize that divorce judgments are not immutable and allow for modifications under certain circumstances. To modify a divorce decree or child custody order, you must petition the court and demonstrate a substantial change in circumstances warranting the modification. An experienced Orlando judgment modification attorney from our firm can guide you through the modification process, present compelling evidence to the court, and advocate for adjustments to your orders that reflect your current realities. We can also assist with enforcing existing orders when a party fails to comply with their legal obligations.
Relocation and Move-Away Orders
If a child custody order is in place, relocating a significant distance with your children typically requires either the consent of the other parent or court approval. Child custody orders establish time-sharing schedules and geographic boundaries to ensure consistent contact between children and both parents. Relocation can disrupt these established arrangements.
Florida courts can grant “move-away orders” allowing a parent to relocate with children, but such requests are carefully scrutinized and must be in the children’s best interests. Courts are more likely to approve relocation when the other parent consents or does not actively oppose the move. Whether you are seeking to relocate with your children or opposing a relocation request, our skilled Orlando Relocation Lawyer attorneys can provide effective legal representation to protect your parental rights and advocate for your children’s best interests.
Paternity Establishment
In Florida, unmarried fathers do not have automatic legal rights to custody or visitation with their children. To establish parental rights, an unmarried father must legally establish paternity through the court system. Establishing paternity is crucial for fathers seeking to be actively involved in their children’s lives.
Paternity establishment is also essential for unmarried mothers seeking child support from the child’s father. Legally establishing paternity is often a prerequisite for obtaining child support orders. Paternity actions can be initiated by either parent. While paternity can sometimes be established through a voluntary acknowledgment of paternity, contested cases may require DNA testing to definitively establish biological parentage. Our experienced family law attorneys can guide you through the paternity process, whether you are seeking to establish paternity to secure parental rights or to obtain child support.
Tools for Navigating Your Orlando Divorce: Mediation
Even in divorces where spouses agree on many issues, disagreements are almost inevitable. Fortunately, effective tools are available to help couples find common ground and reach mutually agreeable solutions outside of court.
Mediation: A Collaborative Approach
Mediation is a highly effective form of alternative dispute resolution in divorce cases. It involves engaging a neutral third party, known as a mediator, who is trained to facilitate communication and negotiation between divorcing spouses. The mediator’s role is to help spouses identify areas of agreement, explore potential compromises, and work towards mutually acceptable resolutions.
In mediation, spouses retain complete control over the outcome of their divorce. No decisions are imposed by the mediator; any agreements reached are solely the result of the spouses’ voluntary consent. Mediation offers a less adversarial and more collaborative approach to divorce, often leading to more amicable settlements and reduced conflict.
At Conti Moore Law Divorce Lawyers, PLLC, our Orlando divorce attorneys strongly believe that amicable resolutions are often the most beneficial for families, particularly when children are involved. We encourage and support our clients in exploring mediation as a valuable tool to resolve divorce-related issues. We represent our clients throughout the mediation process, providing guidance, advocacy, and support to help them achieve fair and lasting agreements.
Schedule Your Free Consultation with an Orlando Divorce Lawyer Today
At Conti Moore Law Divorce Lawyers, PLLC, our dedicated divorce lawyers in Orlando are committed to providing you with compassionate support and effective legal representation throughout your divorce journey. We understand the emotional and legal complexities you are facing, and we are here to make the process as manageable and stress-free as possible.
We will take the time to listen to your unique story, understand your goals, and develop a tailored legal strategy that prioritizes your family’s best interests. Our firm’s foundation is built on a commitment to advocating for families in Orlando and Central Florida. Since 2012, we have helped countless individuals navigate divorce, child custody disputes, child support matters, alimony issues, and other family law challenges.
Let our 50+ years of combined experience in Florida family law work for you. Don’t hesitate to reach out to our Orlando divorce law firm today to schedule a free, confidential consultation with an experienced attorney. We are here to provide you with the guidance and support you need to move forward with confidence.
What Our Clients Say About Our Orlando Divorce Lawyers
What Our Clients Have To Say About Us
Read more of our Google reviews. Our clients consistently praise our dedication, expertise, and compassionate approach to family law.
Serving All Areas of Orlando, FL
The divorce attorneys at Conti Moore Law Divorce Lawyers, PLLC, proudly serve clients throughout Orlando, FL, and surrounding communities, including: Callahan, Central Business District, Colonialtown North, Colonialtown South, Delaney Park, Griffin Park Historic District, Lake Cherokee, Lake Davis/Greenwood, Lake Dot, Lake Eola Heights, Lawsona/Fern Creek, Milk District, North Orange, North Quarter, Park Lake/Highland, Parramore, Spring Lake, Thornton Park, Westfield, and more. We are your local Orlando divorce law experts.
Orlando Family Law Resources
Our family law firm in Orlando, FL, also provides comprehensive resources and assistance for:
