Divorce is one of the most stressful things you’ll ever deal with in your lifetime. You shouldn’t have to deal with it on your own. Hiring the right divorce lawyer in Orlando can make all the difference in the world. At Conti Moore Law, PLLC, we know how difficult divorce can be for you and your family.
Our award-winning Orlando divorce lawyers are here to help you minimize stress and make the process as easy as possible.
With more than 50+ years of collective experience behind us, you’ll benefit from proven strategies and effective approaches to divorce.
Contact us in Orlando, FL, to learn more about our compassionate family law firm and how our attorneys can help you navigate these challenging times. Your first case evaluation is absolutely free, so call our law office at (407) 831-0203 to schedule yours today.
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Why Choose Conti Moore Law, PLLC For Help With Your Divorce in Orlando, FL
Given the complicated nature of a split, it’s rare that both spouses are on the same page about how a divorce should unfold. You don’t just need a divorce attorney – you need an advocate with experience who will stand up and fight to get you the results you deserve.
That’s what you get when you let the attorneys at Conti Moore Law, PLLC represent you. In fact, you’ll get a team of experienced, award-winning Orlando family law attorneys and legal professionals in your corner.
- More than five decades of collective experience representing clients in divorce and other family law disputes
- Collaborative driven approach to cases so that every client benefits from our team’s in-depth knowledge of the family law system
- Nationally recognized leaders in family law – we’ve been named SuperLawyers Rising Stars for four years running
- Glowing testimonials and unmatched client satisfaction: we have a perfect “10” Rating on Avvo
- Named to Orlando Family Magazine’s list of Awesome Attorneys 2021
We’re aggressive. We’re driven. We’re focused.
We’re the Orlando divorce lawyers you deserve to have fighting for you when your family’s future is on the line. Don’t settle for less – choose Conti Moore Law, PLLC in Orlando, FL, and put your family first.
Florida Divorce Process Overview
You probably have a lot of questions if you’re thinking about getting a divorce. Here’s an overview of divorce, Florida’s divorce laws, and the most important things you need to know as you get started.
What is Divorce?
Divorce is a legal process that formally dissolves a marriage between two people.
Once the divorce process has been completed and the judge signs the final judgment of dissolution of marriage, the two individuals become single. However, the terms of their divorce will influence what their lives will look like in the weeks, months, and even years after a split is final.
How is a Divorce Initiated?
To begin the divorce process, one spouse must file certain paperwork with the clerk of the circuit court. For a simplified dissolution of marriage, both spouses must file and sign this petition.
For a regular dissolution of marriage, one spouse (called the petitioner) will likely file one of two petitions, depending on the situation:
- A Petition for the Dissolution of Marriage with Children (if they have minor children)
- A Petition for the Dissolution of Marriage with Property But No Children (if they have marital property or debts to divide but no minor or dependent children)
The petitioner must file the petition with the clerk’s office in the county where the couple last lived together. Once they have filed the necessary paperwork and paid the related fees, the petitioning spouse will then need to “serve” the documents on the other spouse (called the respondent). Service is a formal process to deliver papers initiating a lawsuit or legal matter to another party.
The respondent can waive service. But if they refuse to waive service, the sheriff’s office of the respondent’s home county will serve the petition, usually through a special process server.
Once served, the respondent will have an opportunity to respond to the appeal and the proposed terms within. The process will not officially begin until the petitioning spouse is served with the petition.
What Are the Grounds for Divorce in Florida?
Florida is a no-fault divorce state. This means that neither spouse has to say that the other is to blame for the dissolution of the marriage.
In more simple terms, it means that you can get a divorce by simply telling the court that things just didn’t work out.
It’s important to note that you can also request a divorce if one spouse has been mentally incapacitated for at least three years prior.
How Do I Qualify For a Divorce in Orlando?
In order to file for divorce, you (or your spouse) must satisfy certain residency requirements. Specifically, one of you must have been a Florida resident for at least six months before filing your petition.
You have to file your divorce petition in the county where you reside. If you live in Orlando, it would be filed with the Orange County Clerk of Courts. An experienced attorney can assist you with this.
Is There a Waiting Period for Divorce in Florida?
Florida law prevents a court from entering a final judgment concerning the dissolution of marriage until at least 20 days from the filing of the underlying petition. This waiting period ensures that a couple actually wants to go through with a divorce and is not proceeding with a dissolution due to momentary frustrations or arguments.
The court may grant a divorce before the end of the waiting period if extenuating circumstances like abuse are present.
In reality, very few divorces are resolved within 20 days. Most divorces, especially those involving children and/or complex property division, will take much longer.
What Are the Different Types of Divorce in Orlando, FL?
There are five different types of divorce:
- Simplified Dissolution of Marriage
- Dissolution of Marriage with No Children and No Property
- Dissolution of Marriage with No Children
- Dissolution of Marriage with Children
- Dissolution of Marriage with Children and Relocation
The way you approach your divorce – or the type you choose – will depend on your family and the specific situations unique to your case.
Things like the length of your marriage, the way you’ve acquired property during your marriage, and whether or not you have children will impact how your divorce unfolds. A lawyer can guide you in this process.
How is Property Divided in an Orlando Divorce?
Florida has equitable distribution laws in place. This means that divorcing couples or partners are each entitled to a fair (but not necessarily equal) share of marital property.
Factors that can influence how assets are divided can include things like:
- Each spouse’s individual contributions to the family (including income, household support, and childcare)
- The length of the marriage, and
- Specific interests in property or business.
Marital property includes most everything acquired over the course of the marriage. Even separate assets owned exclusively by one spouse prior to the marriage can be considered marital property if it’s used and improved by both spouses during the union.
Of course, there are exceptions to this rule. Division of assets is an important component of any divorce in Orlando, so it is critical to have an experienced family law attorney involved in the process.
Ready to Help With All Aspects of Your Orlando Divorce
Deciding to get a divorce is the first step. Next, you’ll have to figure out how to resolve all of the issues that will need to be resolved before a court will approve your petition.
Since 2012, the Orlando divorce attorneys at Conti Moore Law, PLLC, have been helping clients just like you fight for the best solutions in matters involving:
If you have young children, getting a divorce becomes more complicated. As parents, you and your spouse have equal rights to your children under the law. So, when you get divorced, you have to have a plan in place regarding their custody.
Whether you want to share physical custody or fight for sole custody, our Orlando child custody attorneys will help you create a Parenting Plan and time-sharing agreement that provides the best possible solution for your unique family. Your children must come first – and our strategies can help you make that happen.
How will the financial needs of your child be met after your divorce? Who will be responsible for paying for their education, medical care, and daily needs? Hopefully, both parents agree to share expenses and map out a method to make sure their children are fully supported.
However, in Florida, a non-custodial parent can be ordered by a court to make child support payments. A judge can take many factors into consideration, such as income and earning ability, the child’s needs, expenses, and how many children are affected.
Our Orlando child support lawyers will help you seek the best financial support plan possible for your children.
Not all spouses have the same – or even similar – incomes. During the course of a marriage, it’s not uncommon for one spouse to step back from the corporate world and focus on supporting and raising the family. After a divorce, that spouse may need some financial assistance to help them adjust to life as a single person.
Florida law allows these couples to request spousal support – or alimony – to help during this transition. Alimony payments are calculated based on a number of factors, including the length of the marriage, assets, parenting responsibilities, and more. And, while Florida is a no-fault state when it comes to divorce, behavior during the matrimony can be factored into the equation for spousal support.
Our Orlando spousal support lawyers will help you build a strong case for spousal support and seek outside help from experts, as necessary. We will gather the relevant documentation – including proof of income and expenses for both spouses – and submit any evidence that can help boost your request.
Couples getting divorced in Orlando are entitled to an equitable share of the marital property. Essentially, almost anything acquired by either spouse during the matrimony is fair game.
It will be important to take a full accounting of all marital assets and distinguish anything that might be considered separate and solely owned by each spouse. Anything less than a detailed approach will result in a less-than-desired result.
Not only will our lawyers help you identify your marital and non-marital assets, but we will also identify the assets which you want and advocate for your interest in them.
We’ll also help you figure out how to divide your assets. Should you sell large assets – like the family home and car – or is it in your family’s interest to determine a better strategy for allocating them? What about the family business or items that have a ton of sentimental value? These are important questions – and our Orlando property division attorneys will be there to guide you every step of the way.
Since 2015, LGBT couples have had the same right as heterosexual couples – to get married and enjoy the benefits extended to married couples. Just as with heterosexual unions, not all LGBT marriages last the test of time. Unfortunately, it’s often more challenging for same-sex spouses to dissolve their marriages. Laws are still racing to catch up with the times – especially when children are involved.
Navigating the unique challenges of an LGBT divorce can add extra stress to an already stressful process. Our attorneys in Orlando stay on top of changes in the law and take extra care to ensure that all clients’ rights are fully exercised.
Just because both spouses agree that a divorce is the best solution for their family doesn’t mean it’s something that should be handled without the help of a qualified attorney. Divorce is a legal process, and certain procedural steps must be followed.
In an uncontested divorce, any mistakes or errors can be costly – both in terms of time and money. And, at any point in the process, a disagreement over the terms of the split can derail the process entirely. When each spouse is represented by an attorney, the chances of a smooth and amicable divorce increase significantly.
A divorce is classified as “contested” when spouses can’t agree about at least one aspect of the dissolution. The disagreement could be about whether getting divorced at all is the best option, how much time each parent will get to spend with the kids, or what to do with the family car. Whatever the issue, a court won’t approve a petition for divorce until all issues are resolved – either by the spouses themselves or a judge.
The longer it takes the resolve a divorce and get through the process, the more costly it becomes. It becomes more emotionally draining. It becomes more expensive. It becomes more time-consuming. Having a compassionate, caring, and experienced attorney representing you can help to speed up the process and find solutions to problems that you might think just can’t be overcome.
Sometimes divorce is necessary to protect the health and safety of a spouse and/or children. If you’ve been the victim of domestic violence or your spouse has harmed your children, our attorneys can help you take immediate action to put your family’s safety first.
We can take the first steps toward filing for divorce and, if necessary, request a temporary injunction to protect you and your children during the process. Contact us for immediate assistance if you have experienced domestic abuse or violence in your home. Our Orlando domestic violence attorneys will be there to fight for your safe future every step of the way.
Prenuptial and Postnuptial Agreements
If you decide to get a divorce, you’ll have to comply with Florida’s divorce laws and procedures. However, there is a way to sidestep some requirements by planning ahead. Executing a prenuptial agreement or a postnuptial agreement allows you to have more control over how your divorce unfolds before it happens (if it does).
Prenups are contracts between partners or spouses regarding the financial aspects of their marriage or divorce. With a prenup, you can map out how finances, property, and assets will be handled in the event of a divorce. As long as a prenuptial agreement doesn’t violate state law and is entered into willingly by both partners, it should be binding. Our family law attorneys can help you create a strategy that protects you and gives you the flexibility you want as you enter a new stage of your life.
Once you obtain a divorce or child custody agreement, you are bound by the terms of it. However, life changes. You may lose your job and need to pause or reduce the amount of your support payments. Alternatively, you may need to petition the court for more child support or spousal support to cover unexpected costs. You may want to request more visitations with your kids or need to adjust the terms of a custody schedule based on relocation or a new job.
Divorce judgments are not set in stone, but you have to petition the court to make modifications to your agreement. An experienced Orlando judgment modification attorney from our family law firm can help show the court that your circumstances warrant a modification of the order and make sure your divorce or child custody agreement reflects the realities of your life.
Move Away Orders – Relocation
If you have a child custody agreement, you may be prevented from moving or relocating with your children, absent court approval. Your child custody agreement has fixed terms that govern how you are supposed to share custody with your child’s other parent and how frequently visitations are supposed to occur. Relocations threaten that structure.
Courts can authorize move-away orders that allow you to relocate with your child. Courts are often more inclined to grant the orders when the child’s other parent is agreeable to the move and does not challenge it in court. Whether you have obtained a new job or are simply moving for lifestyle reasons, our attorneys can help you petition for a relocation order and look out for you and the best interest of your child.
A father who is not married to his child’s mother has no legal right to custody or visitation unless they can establish paternity. A father must establish paternity through the court system to gain their full rights regarding their child. However, establishing paternity can be just as crucial for an unmarried mother. This is often their only way to secure child support from the father.
Paternity actions can be complicated. The couple can sign a mutual acknowledgment of paternity. But often these proceedings require DNA evidence. Whether you are seeking custody rights over your child or child support from their other parent, our lawyers can help you initiate a paternity action and prove your case.
What Tools Are Available to Help Me Navigate My Orlando Divorce?
Even if you and your spouse agree about most aspects of your divorce, there’s a good chance that you won’t agree on everything.
Fortunately, there are great tools available to help you find common ground and move forward to mutually-agreeable solutions.
Mediation is a form of alternative dispute resolution. It involves a neutral third party – known as a mediator – whose job involves helping spouses find common ground and move toward agreeable solutions. With mediation, they maintain absolute control over the terms of their divorce. Nothing is final unless they are both in complete agreement.
Our Orlando divorce and family law attorneys believe that an amicable solution is often the best solution. Through mediation, we support our clients and help them find flexibility and compromise to the challenges they face.
Schedule a Free Consultation With our Orlando Divorce Lawyers
At Conti Moore Law, PLLC, our Orlando divorce lawyers are here to make things as easy as we can for you. We’ll listen to your story, help you identify your goals, and put a strategy together so that your family’s best interests are put first.
Since our founding in 2012, our attorneys have been advocates for families like yours. Let us put our 50+ years of collective experience handling divorce, child custody, child support, financial support, and other family law matters to work for you.
Don’t hesitate to reach out to our Orlando divorce law firm to speak with an experienced lawyer for help today.
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We Serve All Areas in Orlando, FL
The divorce attorneys at Conti Moore Law, PLLC serve all areas in Orlando, FL, including:
- Central Business District
- Colonialtown North
- Lake Davis/Greenwood
- Lake Dot
- Lake Eola Heights
- Lawsona/Fern Creek
- North Orange
- North Quarter
- Park Lake/Highland
- And more