The end of a marriage can bring with it a myriad of emotions and major life shifts, as well as legal challenges. If you are facing a divorce, you need to make sure you understand your legal rights and have an advocate by your side at every stage of the process.
A Miramar Beach divorce lawyer understands the complexities of these proceedings and can help you navigate any hurdles that may arise while providing objective advice. Our experienced family attorneys at Emmanuel Sheppard & Condon can manage all aspects of your divorce case while putting well-developed negotiation and courtroom skills to work for you.
Key Factors to Consider When Filing for Divorce
There are multiple requirements to observe if you decide to file for divorce and numerous aspects you must consider as you move forward to this next phase of your life. Florida has a residency requirement for divorce, meaning that one party must have lived in the state for at least six months before seeking the dissolution of the marriage.
Like most states, Florida recognizes no-fault divorce. This means that you do not have to provide a legal reason other than the irretrievable breakdown of the marriage to initiate the divorce petition. While less common, you can file for fault-based divorce on specific grounds such as abuse, neglect, adultery, or abandonment.
If you are considering divorce, you should speak with a Miramar Beach attorney as soon as possible. A skilled legal professional can make a significant difference in the outcome of your divorce case, even if you have a relatively amicable relationship with your former spouse.
A lawyer can provide experienced guidance throughout the divorce process while actively working to safeguard your financial future. Working with a seasoned attorney can also ensure that all filings and legal requirements are handled efficiently and that you have someone negotiating the most favorable agreement on your behalf.
Top Issues in Divorce
A dedicated Miramar Beach lawyer at Emmanuel Sheppard & Condon can work alongside you to address all problems that may arise during your divorce case. Top issues often include:
Alimony
Multiple types of alimony can be paid from one party to another in a divorce. Alimony payments can occur in terms ranging from months to years, or sometimes not be paid at all. Factors that can impact the amount and duration of alimony include:
- The length of the marriage
- The earning capacity of each party
- The standard of living during the marriage
Child Support
Divorcing parties who are also parents are responsible for ensuring the care, well-being, upbringing, and financial support of any children they share. Often, the parent with whom the child resides more (the primary custodian) will receive child support from the other parent. Factors that can affect the amount of child support beyond state-determined formulas include:
- Each parent’s income
- The number of children
- Any specific needs the children have
- The time each parent will spend with the children
Child Custody
Divorcing parents may share legal or physical custody of their children. Either or both of these privileges may be granted to one parent, depending on the situation. Physical custody indicates actual time spent with the child. Legal custody refers to the ability to make important decisions about the child’s life, such as where they go to school, the doctor they go to, and the religion they practice.
Child custody issues are often one of the most contentious aspects of divorce proceedings. The court will always favor the child’s best interests in these matters. Except in cases of abuse or another situation that could pose a risk to the child, courts usually consider that remaining in contact with both parents to some extent will be in the child’s best interests. As such, even parents who do not receive custody may still be awarded visitation privileges.
Property Division
In terms of property division matters, Florida is an equitable distribution state. This means that while property will not be divided equally per se, it should be divided equitably between the two parties. Factors that can impact property division outcomes include:
- The duration of the marriage
- Each party’s financial resources
- Each party’s separate property
- Each party’s contribution to the growth or decline in the value of marital assets
Consult With a Miramar Beach Divorce Attorney
Any divorce proceeding involves numerous legal procedures. An attorney with experience in this area of law can help you make informed decisions throughout your case while aggressively protecting your interests.
A Miramar Beach divorce lawyer at Emmanuel Sheppard & Condon can reduce stress during your divorce proceedings and pursue a fair, equitable resolution to your case. If you have questions about the divorce process, contact us today for your one-on-one legal consultation.
