Divorce Attorney in Stuart
Even the most amicable of divorces can be stressful and demanding, where life-changing decisions are clouded by emotions. It helps to have an honest legal advocate by your side: a divorce attorney who explains complicated legalese and can help you make informed decisions that pave the way to a happier and financially sound future. Our legal team has extensive expertise in Florida family law matters and work tirelessly to help clients achieve the best possible solution as quickly as possible.
Divorce Lawyers Serving Martin County, Palm Beach County, and the Treasure Coast
Our legal team wants to help you achieve a peaceful life in the aftermath of your divorce. To that end, we offer a comprehensive range of divorce-related services to individuals and families throughout Martin County, Palm Beach County, and the Treasure Coast. From contentious child custody issues and parenting plans to distribution of assets, you can depend on our legal professionals for compassionate, expedient, and aggressive representation.
Do not hesitate to consult our Treasure Coast family lawyers for sound guidance in matters regarding:
- Equitable Distribution
- Child Support
- Child Custody
- Parenting Plans
- Tangible and intangible assets
- Prenuptial agreements and post-nuptial agreements
- Enforcement of divorce decrees
- Divorce modification
- Temporary relief
- Military and veterans divorce
- Restraining Orders
The Law Offices of Travis R. Walker are headquartered in Stuart, FL with satellite branches to conveniently serve residents throughout West Palm Beach, Hobe Sound, Palm City, Port St Lucie, Jensen Beach, Tequesta, Jupiter, Vero Beach, Indian River Estates, Royal Palm Beach, and Wellington. If your marriage is breaking down, empower yourself with knowledge from a top-notch legal team that genuinely cares about your welfare and that of your children. Schedule a confidential consultation for candid advice and support.
Filing for Divorce in Florida
Divorce is officially called the “Dissolution of Marriage” in Florida, which is a no-fault divorce state. This means that partners must only demonstrate that their relationship is irreparably broken to have grounds for divorce. Eligibility is relatively straightforward. In order to file, one of the two spouses must have been a Florida resident for at least six months before filing a petition. Exceptions are made to Florida military personnel who are stationed out-of-state.
To file for divorce, you must first submit a ‘Petition for Dissolution of Marriage’ at your county circuit court. If after a prescribed time, no response is filed, you can file for a motion for default. If the other spouse denies or disagrees with the divorce petition, they are contesting the divorce, and must prepare for trial or mediation. If the Respondent does not contest, the divorce will be expedited through the system so long as both parties agree to the terms.
Dissolution of Marriage in Florida: Contested vs Uncontested Divorce
Either divorce scenario benefits from experienced legal counsel. After all, divorce can be a lengthy and frustrating process fraught with pitfalls. Our divorce attorneys can help clients avoid the setbacks that divorcing couples experience during the dissolution of a marriage, whether its contested or uncontested.
A contested divorce can get ugly very fast when parties are unable or unwilling to come to an agreement on issues relating to child custody, parenting plans, spousal support, marital property, and debts. There may be hearings on certain issues, and if mediation is not successful, the next step is a trial before a family law judge in FL circuit court.
Spouses who agree on the details of the divorce will have minimal court interference. For an uncontested divorce in Florida, both partners must complete a financial affidavit and appear at the final hearing. Though simpler than a contested divorce, it is still important to have your divorce lawyer review all paperwork to ensure documents are accurate and legally binding.
Although parties can file and get a divorce without legal counsel, this can prove costly in the long run. Our Florida divorce law firm provides the knowledge and strategies to navigate this process smoothly and efficiently.
Finances are always discussed for the purposes of the dissipation of assets and liabilities. This essentially refers to dividing assets, which refer to any marital assets incurred or purchased during the length of the marriage as well as any debts. Marital assets can include vehicles, properties, 401Ks, and even cash.
As a result, it’s important for parties to have their financial documents and paperwork in order prior to walking into any courtroom. In the legal world, we refer to these financial documents as “financial disclosure,” and it is one of the most important elements in a divorce. Financial disclosure can include documentary evidence related to:
- Children (such as medical or daycare expenses)
- Health insurance
- Tax returns
- Any relevant pending claims (such as personal injury, workers’ compensation, or bankruptcy suits/actions)
By working with a qualified divorce attorney in Florida, you can protect yourself and your assets in the event of filing for divorce.
Florida law provides for the equitable distribution of marital assets. The court considers certain factors that can influence the 0way assets and liabilities are distributed. The following are outlined in Chapter 61, Section 075 of the Florida Statutes:
- The duration of the marriage
- The financial situation of both parties
- How each spouse has contributed to the marriage
- If one spouse helped the professional career or education of the other
- How each spouse has contributed to the enhancement of marital assets or debts
- The interruption of education or careers by either spouse
- The best interests of dependent children
There are many factors and circumstances that go into determining how marital assets and liabilities are divided. This is another reason why financial disclosure is so important. By working with an experienced divorce attorney like Travis R. Walker, you are in a better position to walk away from your marriage with what is rightfully yours.
Child Support Obligations & Parenting Plans
The state of Florida has legislation designed to protect a child’s best interests in divorce proceedings. In most cases, both parties can participate in parenting plans that outline important decisions regarding healthcare, education and other issues that affect the child’s life. Obligations for child support are based upon a state-approved schedule that considers the economic status of both parents, such as:
- Income from employment
- Spousal support
- Worker’s compensation
- Disability benefits
- Property ownership
- Pension plans and retirement funds
- Unemployment assistance
- Social security payments
Other Divorce Issues
Alimony is another prickly issue in contested divorces. There are several types of alimony in Florida, which is known in the state as “maintenance.” Besides durational, temporary, rehabilitative, and permanent, Florida also has a designation of “bridge-the-gap alimony,” which is designed to help a spouse meet short-term needs as they transition from married to single life. The courts can award alimony to either spouse, and the amounts and duration of this spousal maintenance hinge on a variety of factors.
Divorce Attorneys Serving Florida Families
At the Stuart, Florida Law Offices of Travis R. Walker, we understand that no two clients or divorces are alike. From an uncontested simple dissolution of marriage to high-stakes contested divorces, we represent each of our clients with equal care. For knowledgeable, approachable family law representation in Martin County, contact our legal team for a private consultation.
Your Three Steps to Moving Forward
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