Orlando Divorce Lawyers

Based in Orlando divorce lawyer Steve W. Marsee represents clients through every step of the divorce process, from filing the initial paperwork to handling complex issues, such as spousal support, child custody, and property distribution.  Mr. Marsee is a Florida Supreme Court certified Marital and Family Law mediator, and whenever possible he works with his clients to resolve sensitive family law issues through negotiation, which often leads to amicable and workable divorce agreements.  However, if litigation becomes necessary, he is an aggressive trial attorney who will not hesitate to zealously advocate for his clients' interests in the courtroom.

The Divorce Process in Florida

Divorcing spouses must meet many legal requirements in order to successfully dissolve a marriage in Florida.  In order to get the process started, the State's residency requirement must be satisfied.  To meet this requirement, one of the parties must have resided in the state for a minimum of six months before filing the petition; then, the dissolution of marriage petition may be filed in the county in which either or both spouses reside.

The parties' petition must state the appropriate grounds upon which the dissolution is based.  The appropriate grounds are those that the parties agree on and can substantiate, or those that the filing spouse wants to prove in court.  Two grounds for divorce are recognized in Florida:

• The marriage is irretrievably broken.
• Mental incapacity of one of the parties.  However, dissolution will not be granted unless the party alleged to be incapacitated has been deemed to be so for a preceding period of at least three years.

After you file the petition, the court will assign a case number and have jurisdictional rights to consider and grant orders pertaining to such accompanying issues as property distribution, support, child custody, and visitation.

Necessary Documents

The primary documents in any divorce are the Petition for Dissolution of Marriage and the Final Judgment of Dissolution of Marriage.  Under Florida law, these documents are essential; however most divorces require additional documents, such as a Marital Settlement Agreement, Family Law Financial Affidavit, and a Final Disposition Form.  Mr. Marsee possesses a thorough understanding of divorce filing procedures and documentary requirements, and he will assess what exactly needs to be done, draft the documents, submit the completed paperwork, and finalize the proceedings as required in a manner that will ultimately expedite the divorce proceeding.

Spousal Support

Spousal support, also referred to as alimony, is determined on a case-by-case basis and is not appropriate in every divorce. In fact, there are now six different types of Alimony in Florida. Permanent, Temporary, Bridge-the-Gap, Rehabilitative, Lump-Sum and Durational Alimony (enacted July 1, 2010).  The court may grant support to either party, in any of the above forms.  The court may consider all relevant economic factors when determining a spousal maintenance award, including, but not limited to:

• The standard of living established during the marriage
• The duration of the marriage
• The age and the physical and emotional condition of each party
• The financial resources of each party
• The nonmarital and marital assets and liabilities distributed to each party
• The time necessary for either party to acquire sufficient education or training to obtain appropriate employment
• The contribution of each party to specific aspects of the marriage, such as homemaking, child care, education, and career building of the other party
• All sources of income available to either party

Alimony is a hot topic right now because of the addition of Durational Alimony which is available for marriages from 1-7 years or in cases where Permanent alimony is not appropriate.  There are many variables and rules to consider when determining the appropriateness of Alimony.  Therefore, Mr. Marsee urges you to contact him so that he may carefully review your situation and advise you which types of Alimony may be appropriate in your particular case.