Collaborative Law Process is defined by the § 61.55, Fla. Stat. (2016) as “a unique non-adversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation” This is …
Divorce Attorneys Orlando
The experienced Orlando divorce attorneys at The Sanders Firm, P.A understands the hardship that a divorce can bring to an individual's life. Therefore, we strive to be there for our clients during this challenging and stressful time by providing them with the proper representation. Our law firm has years of experience and has guided hundreds of clients in Orlando throughout the divorce process.
Divorces are usually very personal lawsuits. Typically, a court is asked to make impactful decisions that can change the lives of the individuals and any children that are involved. If your divorce leads to a trial, a judge will have to divide assets and liabilities, determine if alimony is appropriate, and dictate how much time each parent will spend with the child. Furthermore, a judge will have to calculate child support, dissolve the marriage itself, and make other personal decisions.
With that said, it's critical you have an Orlando divorce attorney with the skill, ability, and reputation to represent you as their litigator in the courtroom. You don't want an attorney that settles your case without fighting for your best interests.
Although most people never think they will have to deal with a divorce when they get married, sometimes that's the unfortunate reality. At The Sanders Firm, P.A, we know divorce.is never an easy thing. However, you can depend on us to help you through the process every step of the way.
Divorce in Florida
Florida is a no-fault divorce state. The two requirements that must be proven to obtain a divorce in most Florida cases are showing that the marriage is irretrievably broken and residency.
In Florida, it is not necessary to show mental cruelty, abuse, abandonment, or have a legal separation. If one spouse testifies that the marriage cannot be put back together, that is, the marriage is irretrievably broken, a divorce will be granted. In rare circumstances, a court can order a cooling-off period or require counseling. If one spouse is adamant that the marriage is broken, a judge usually will not delay the case moving forward.
A person must be a resident of Florida for six months before filing for a divorce in Florida. Residency is usually proven by the filing of a Florida Driver's license or an affidavit sworn to by another Florida resident that the party has met the six-month residency requirement. Only one spouse is required to satisfy the six-month residency requirement for Florida to grant a divorce.
A divorce may also be granted in Florida if a spouse is guilty of being incompetent for three years.
Every marriage is unique, and every divorce is equally unique. The stated purpose of the divorce statute, if a marriage cannot be saved, is to promote the amicable settlement of disputes that arise between parties to a marriage and to mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.
Divorce cases can be resolved in several ways. The process can be as simple or complex as the circumstances unique to the conflict and the parties. Some other cases that may arise from a divorce include domestic violence and spousal support cases.
Many couples can reach an agreement on most or all of their issues in regard to their case. When this occurs, it is recommended that the bullet points of the agreement, usually referred to as a "kitchen table agreement" be presented to an experienced family law attorney to draft a proper marital settlement agreement. The martial settlement agreement acts as a binding contract that the court, once ratifies, reserves jurisdiction to enforce.
Therefore, it is highly recommended that an attorney be present to draft the agreement and, if necessary, a different attorney is obligated to review the contract before signing and filing the agreement with the court. A final judgment is drafted, which allows the court to ratify and accept the marital settlement agreement and reserves jurisdiction to enforce it in the future
Under this scenario, a short hearing before the judge is all that is required to obtain the divorce. If children are involved, a parenting plan must also be drafted and filed with the court. Divorcing by agreement is by far the least expensive and least traumatic way to divorce.
Many couples wish to resolve their case out of court but need assistance doing so. Mediation and collaborative law are processes that can help you resolve the situation out of the courtroom.
A mediator is a neutral, third party who is trained to encourage and facilitate negotiations. A mediator can't decide a case but can help settle it. A settlement reached in mediation is almost always binding and can partially or fully resolve the case. Nearly all family law cases will be referred to mediation. Approximately eighty percent of cases settle at mediation. Tristan Sanders is a Supreme Court of Florida Family Law Mediator who has acted as a Mediator in over five hundred mediations since 2007 and has assisted Central Florida families in reaching out of court resolution on their terms.
Collaborative law is a relatively new process. In a collaborative case, the attorneys, clients, and professional neutrals all work together to resolve the case. The clients are both required to be represented by an attorney. After each party selects a collaboratively trained attorney, financial and mental health neutrals are chosen to meet with the parties individually.
During this time, a good deal of information is collected from the parties to be used at various scheduled Collaborative sessions where the attorneys, the clients, and the neutral professionals are all present. Mutual and individual goals and expectations are reviewed at the first Collaborative session, which sets the tone and pace of how the issues will be addressed during a set number of sessions. Everyone on the Collaborative team works toward meeting those mutual and individual goals for the clients.
Also, in the first session, a Collaborative Agreement is signed by everyone at the table, which prevents the lawyers and neutrals from continuing in the case if the collaborative method fails and the case becomes contested. This provides added incentive for everyone to work together on the issues and resolve the case. The Collaborative process may appear more expensive initially, but statistically, it has saved most couples a great deal of money when compared to litigated cases.
More importantly, how the parties and trained collaborative professionals conduct themselves during collaborative sessions fosters the transparency and trust necessary to resolve complex financial and child custody issues. Tristan Sanders and Silvia Sanders are both Collaboratively trained Attorneys and belong to The Collaborative Family Law Group of Central Florida.
If the parties can't reach an agreement, a case will be decided by the court.
In a trial, a judge typically hears from each spouse and their witnesses for three to four hours per side. Based on this limited information, the judge then makes decisions that will affect both parties for the rest of their lives. Usually, neither party is happy with the court's ruling. Trials can have severe monetary and emotional consequences but are sometimes necessary and unavoidable. Issues relating to child custody (time-sharing) and alimony can, at times, feel impossible to resolve by agreement.
The attorneys and staff of The Sanders Firm, P.A., have extensive experience handling contested and uncontested criminal defense cases. Our law office can provide invaluable advice and guidance in negotiating your case. Furthermore, we will provide you with compassionate and professional representation at your trial. Contact us today at 407-843-0012 for a free consultation.