The divorce process can be a difficult and emotionally taxing one. The experienced team at the O’Mara Law Group is here to offer you the compassion and expertise you need to move forward in peace.
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Getting a Divorce in Florida
How the Orlando Divorce Lawyers at O’Mara Law Group Can Help
Overview of the Florida Divorce Process
Simplified Divorce in Orlando
Uncontested Divorce in Orlando
Contested Divorce in Orlando
Common Questions About the Divorce Process in Florida
Our Experienced Orlando Divorce Lawyers Can Assist With All Aspects of Your Divorce
The Team at the O’Mara Law Group Will Look Out for Your Best Interests
Contact the O’Mara Law Group Today
Divorce
Getting a Divorce in Florida
Getting a divorce can be difficult and emotional for all involved parties. You must make decisions that affect the rest of your life and, in many cases, your children’s lives. Florida law has specific laws governing various aspects of divorce, and a failure to understand them can lead to serious unintended consequences. It is in your best interest to partner with an experienced Orlando divorce attorney who understands the nuances of Florida family law, knows how to handle settlement negotiations, and can protect your rights in court. Call (407) 634-6604 or reach out online to learn how our Orlando divorce attorneys can help. We offer free, confidential consultations to make sure you know your full legal rights and options—at no cost to you
Overview of the Florida Divorce Process
Filing the Petition for Dissolution of Marriage
Our attorneys can help you file paperwork with the appropriate court for your divorce. Once the other party receives a divorce petition, they have 20 days to respond.
Responses to the Petition
If you are responding to divorce papers, our attorneys will help you do so within the specified period and help you determine the best course of action. Depending on the needs of your case, we will discuss the possibility of mediation or other collaborative ways to resolve critical aspects of your dissolution.
Pre-Trial Orders
A judge may decide that both parties must maintain the status quo while the divorce is pending, such as by maintaining their current financial and childcare duties. A judge may also issue orders regarding temporary alimony, child support, or occupation of the marital home.
Discovery
Divorcing spouses must go through the discovery process in which they share evidence related to their separation, such as bank statements and other financial information. State law requires them to submit various financial documents to each other and the court within 45 days. Our attorneys can help you gather, evaluate, and submit all necessary paperwork to prevent delays.
Mediation and Litigation
You may choose to attend voluntary divorce mediation. The presiding judge may also decide on court-ordered mediation before agreeing to a trial. If necessary, after mediation, your case can be litigated in court. Regardless of how your case proceeds, it is best to have a skilled Orlando divorce lawyer on your side who can protect your interests and ensure you comply with the governing law.
Modification or Enforcement, if Necessary
Parties to a divorce may decide that a modification in alimony, child support, time-sharing, or other agreements is necessary later on. The law normally requires a significant change in circumstances to change a divorce decree. If a child is involved, the court will prioritize their best interests.
Understanding Contested and Uncontested Divorce
Uncontested Divorce in Orlando
Similarly, in an uncontested divorce, separating spouses also agree on key issues like property division. However, they do not qualify based on the criteria for a simplified divorce. These divorces are generally faster and less expensive than contested divorces, but parties still benefit from an experienced Orlando divorce attorney to help them resolve key issues and make sure their rights are protected.
Contested Divorce in Orlando
Sometimes, couples simply can’t agree on critical issues, leading to a contested divorce. It is crucial to have a lawyer represent you in a contested divorce to ensure your best interests are accounted for regarding issues like alimony, child support, child custody, and equitable division of assets and liabilities.
How Will the Court Handle My Divorce?
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What Are the Types of Divorce That O'Mara Law Group Handles?
Every divorce is unique and presents different challenges based on the situations of the involved parties. Our team has experience handling various types of divorce and can help you no matter your circumstances. In all cases, we strive to ensure a truly equitable outcome for our clients.
Women’s Divorce
Women often face disproportionate financial challenges in the wake of a divorce. In many cases, they often also have more childcare responsibilities than their spouse. Our experienced Orlando women’s divorce attorneys can help you secure a divorce agreement that protects your full rights and interests.
Men’s Divorce
By contrast, in many situations, men are the primary breadwinners in a marriage and face protracted disputes in divorces regarding marital property, child support, and alimony. Men are entitled to the same rights as women during dissolution, and our men’s divorce attorneys in Orlando can help protect yours.
LGBT+ Divorce
Florida law only started recognizing same-sex marriages in 2015. Dissolving these marriages can be complex, especially because many same-sex couples accumulated property before their union was officially recognized. Our Orlando same-sex divorce lawyers can help you devise an equitable divorce settlement and resolve complicated child custody issues.
Military Divorce
Divorces in which one or both parties are members of the military present unique challenges. Child custody and time-sharing can be more difficult to work out in these situations, and there are additional issues regarding health care, survivor benefits, and military pensions. Our military divorce attorneys in Orlando understand these legal challenges and have extensive experience helping military families move through their divorce proceedings.
High-Asset Divorce
Dividing assets is a complex process when there are significant amounts of money, multiple homes, business interests, and other high-value assets to account for. Our Orlando high-asset divorce attorneys can help you secure an equitable division of property, navigate prenuptial and postnuptial agreements, and handle other challenges in your high-asset divorce.
Testimonials
What Our Clients Say
Compassionate Assistance
The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.
Why Choose the Orlando Divorce Lawyers at O'Mara Law Group?
Divorce is a complex legal process requiring spouses to contend with their differences as they try to agree on terms. If they cannot, a judge will make key decisions for them. Florida has various rules and procedures governing divorces, and any deviations can be time-consuming and costly. The experienced O'Mara Law Group divorce lawyers in Orlando can provide clarity during what may be an uncertain time in your life. Our award-winning lawyers have decades of combined experience handling complex divorce cases:
- Founding partner Mark O'Mara is one of the few lawyers in Florida who is board-certified in Criminal Trial Law and Marital and Family Law. He is also certified in Collaborative Law and is a Florida Supreme Court-Certified Family Mediator and Circuit Civil Mediator.
- Mark Rabinowitz has been board-certified in Marital and Family Law in Florida since 1999. He has served on the Marital and Family Law Certification Committee of the Florida Bar and as a member of the Family Law Rules Committee.
We have been recognized as Super Lawyers and Top 100 Trial Lawyers for our client-focused approach and dedication to excellent service. Where possible, we embrace non-adversarial collaborative divorce strategies, such as mediation, to minimize stress and expense for all parties involved.
Divorce Process in Florida
Frequently Asked Questions
Florida has very specific laws governing various aspects of divorce. These are some of the more common questions our Orlando divorce lawyers receive from our clients.
What are the grounds for divorce in Florida?
Florida is a no-fault divorce state. One party can file a petition if the marriage is “irretrievably broken.” If the other party agrees, the judge generally proceeds with the dissolution. However, if the other party contests the divorce or if there is a minor child involved, the judge could also potentially order a period of counseling to try to fix the marriage.
What are Florida’s residency requirements for divorce?
For a couple to divorce in Florida, at least one of the parties must have lived in the state for at least six months before filing a petition.
Is there a waiting period for divorces in Florida?
There is a 20-day waiting period after filing for divorce. A judge may also order continuances based on whether the marriage is irretrievably broken or if a minor child is involved. Unlike many states, Florida does not recognize “legal separations.”
How is marital property divided in Florida?
Florida is an equitable division state, meaning marital property is divided in a manner deemed “fair” by the judge. This does not necessarily mean that everything will be divided 50/50. Therefore, it is even more important that spouses seek high-quality legal representation in a Florida divorce, especially if it is contested.
How long does it take for an Orlando divorce to be finalized?
The time it takes for a judge to finalize your divorce will depend on various factors, including the complexity of your marital assets, whether children are involved, and to what extent you and your soon-to-be ex-spouse disagree on key divorce issues. Mediated divorces may resolve within a few months. A litigated divorce could take longer. In particularly difficult cases, it may last over a year.
How much does a divorce lawyer cost?
Your initial consultation with O’Mara Law Group is free. We will then work with you on a fee agreement that covers the time we spend on your case and the cost of filing paperwork associated with your divorce.
A highly contested divorce could take a long time and cut into marital assets. An uncontested divorce or one resolved in mediation is generally less expensive.
No matter the circumstances, we are committed to providing high-quality legal services and guarantee transparent billing practices. We will be available throughout the life of your case to answer questions and make sure you know how things are progressing.
