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Family Law & Divorce
Divorces are difficult for every member of the family. Even when the divorce is amicable, life changes drastically. One or both parents move and the children find themselves spending time with each parent on designated days, rather than seeing both parents every day. One parent might have to pay spousal support or alimony to his or her former spouse and child support to cover the children's living expenses, all while adjusting to a new lifestyle.
If you are considering filing for divorce, contact our team of Boca Raton family law & divorce attorneys at Lavalle, Brown, Ronan & Schwencke, P.A. and we will help guide you through this confusing and difficult time.
Divorce proceedings can be stressful, complex, and costly if you don't have the right representation. Talk to a compassionate and highly experienced divorce attorney in Boca Raton today. We will protect your interests and ensure that you get the best outcome under all applicable Florida laws.
Grounds for Divorce
Florida, unlike some other states, does not require one of the divorcing parties to be at fault for the divorce. As long as at least one party has resided in Florida for at least six months and the parties are legally married, a couple can get divorced if they say that their marriage is "irretrievably broken."
Fault can play into decisions about spousal support and the division of property, though. The best way to determine how fault on the part of you or your former partner will play into your divorce is to discuss your circumstances with your attorney during the process. Contact our Boca Raton divorce attorneys for more information.
Components of Family Attorney
Divorces are complicated and almost every divorce involves hearings and decisions about some or all of the following topics:
- Child Custody.
- Child Support.
- Spousal Support.
- Division of Property.
- Business Valuation.
- Visitation.
- Name Changes.
There's no clear-cut divorce solution that works for every single family. Some families can develop their own custody and child support agreements with minimal help from the court, while others need a little bit more structure when developing their divorce settlements.
Florida Divorce Options
Divorcing couples in Florida have two options: traditional and simplified. Most couples have to go through the traditional divorce process, which involves petitioning to dissolve the marriage with the circuit court in the county where the filing spouse lives if they no longer live together. This process requires the parties to work through their property, child custody, and spousal and child support plans with the court's help, either through mediation or traditional litigation.
The other option, a simplified divorce, is available to couples that don't have any children under the age of 18 and have already worked out their plans for the division of their property. Neither spouse may seek spousal support in simplified divorces. This process can be completed more quickly and is best for couples who can work together amicably to end their marriage.
Boca Raton Family Attorney FAQS
Our team can assist in divorces and dissolution of marriages, child custody matters, and property allocation. We have a sensitive touch for sensitive matters. Lavalle, Brown, Ronan & Schwencke is a law firm dedicated to helping individuals and families resolve issues that can have life-long financial and emotional implications. Family law and divorce are specialized areas that require extensive education, experience in negotiations, and strong litigation skills. With Lavalle, Brown, Ronan & Schwencke, P.A. you are ensured representation by a knowledgeable professional who cares about your goals.
We measure our success by the success of our clients. We not only work for you; we work with you. Our goal is to blend your needs with the law to effectively resolve your legal issues. The law is complicated. Your relationship with your attorney shouldn't have to be.
How Long Does a Florida Divorce Take?
In Florida, divorces can be relatively quick and pain-free. The biggest factor is whether the divorce is contested or uncontested. In a case where the divorce is uncontested (both parties agree on all of the terms), the process could be completed within five weeks. However, a court will have to decide on the terms if the divorce is contested. It could take six months or even longer in some cases, depending on the county and the current strain on the court system.
It's imperative that you have representation throughout your divorce. When lawyers are involved in the process, the chance of negotiations and an uncontested divorce is much higher. No matter your situation, we can help you to achieve an outcome that is fair. Contact us today to discuss your case.
Can I Get a Divorce if I Have No Contact With My Spouse?
In short, yes, it's possible to get a divorce even if you cannot locate your spouse. You will need to perform a good-faith search in line with Florida requirements. Our team can help explain to you what is involved and will assist with conducting diligence on the matter.
An acceptable good faith search will include following all possible leads to make contact with your spouse. This can include talking to family members, law enforcement, and even government departments like the DMV to assist in your search for your spouse.
Documentation and a detailed timeline of events will be essential. Trust in the team at Lavalle, Brown, Ronan & Schwencke, P.A. to provide ongoing support and counsel during this time.
Why should I get a prenuptial agreement?
In order to protect your assets in the event of a divorce or death. It is commonly used when one party to the marriage has a disproportionate amount of assets compared to the other party and wishes to safeguard those assets in the event the marriage ends in divorce. It is often also utilized in second marriages where one spouse may have children from a previous marriage and wish to protect those assets and how they pass in probate.
What provisions are usually in a prenuptial agreement?
If I want a prenuptial contract, when should I get one signed?
Florida law allows both a Prenuptial before marriage and a Post Nuptial after marriage agreement; however, the standards for each are different. It is generally better and more effective to have a Pre-Nup signed prior to entering into the marriage (having a license and ceremony performed by a licensed individual allowed to administer the wedding oath in Florida) as it is a binding legal agreement and there is no guarantee a party will execute one after the marriage is performed.
Are prenuptial agreements enforceable?
Yes as long as they comply with Florida law in the execution of the document and full disclosure of a party's assets prior to execution.
How do children born after signed prenuptial agreements factor into property settlement issues?
Children have their own rights that are independent of the married parties. A Pre-Nup cannot negotiate child support issues. In Florida, a party can specifically exclude a child from their estate.
Is there such a thing as a prenuptial agreement after you are married?
Yes, it is called a Post Nuptial agreement and there are more stringent disclosure rules.
Is it necessary to have legal counsel in order for a prenuptial agreement to be valid?
It is not necessary but it is advisable to have an experienced Florida lawyer advise you and draft the agreement so it properly complies with Florida law. The legal team at Lavalle, Brown, Ronan & Schwencke can assist you with drafting and executing a Pre- Nup agreement.
Boca Raton Family & Divorce Attorneys Can Help
If you are currently going through the divorce process or considering filing to end your marriage, call the experienced Boca Raton family attorneys at Lavalle, Brown, Ronan & Schwencke, P.A. to discuss your case.
You'll have the opportunity to speak with one of our experienced attorneys who can guide you toward the most productive next step for your divorce. Call today at 561-395-0000to start working with our firm.
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