Protecting Your Interests In A Florida Divorce
Divorce can be the most complex and sensitive of any legal problems. What if one parent has to relocate? Who will the children live with? Will you receive or be required to pay child support? At the law firm of Burandt, Adamski, Feichthaler & Sanchez, PLLC, we are responsive and attentive to these questions and concerns. We are committed to providing our clients with the legal service and advocacy they need to adjust to their lives post-divorce.
Based in Cape Coral, we handle all aspects of divorce and other family-related legal issues. We apply a deep understanding of Florida law and a wealth of experience to address:
- Divorce and legal separation
- Child custody and parenting plans
- Child support
- Property division
- Alimony
- Parenting plans
We understand how to guide our clients toward positive resolutions of all the issues at play in their divorce, whether that means advocating for them in court or pursuing a favorable settlement agreement.
The Florida Divorce Process
The legal aspects of divorce can seem incredibly intimidating. Understanding the process can help alleviate some of the stress and uncertainty. Our lawyers will we guide you through each step, informing and supporting you. We want you to feel comfortable with the direction your case is going.
Here’s a straightforward breakdown of what to expect when you file for divorce. Note that this is a general overview of the typical process. Talk to our attorneys about what to expect in your unique situation.
Initial Filings
The first step in the formal divorce process is to file a petition for dissolution of marriage in the right court. You or your spouse must file this petition in the Florida county where either of you resides. The petition outlines basic information about your marriage, the grounds for divorce and the outcome you’re seeking. You must have lived in Florida for at least six months in order to get divorced here.
Once the petition is filed, the other party has 20 days to respond. They can either agree with the petition, which means the divorce will be uncontested, or they can dispute the terms, leading to a contested divorce. In either situation, having a knowledgeable lawyer is crucial to protect your interests, especially when it comes to important issues such as custody of your children, alimony and division of property.
Discovery Phase
In this phase, both parties exchange information related to their finances, properties and other pertinent issues. This is your opportunity to gather the evidence you need to make a strong case. It also establishes a solid foundation for negotiations by laying out the details of your situation on the table. Our lawyers understand how to maximize the value of the process to build a well-supported divorce case.
Mediation And Negotiation
Before going to court, it’s worth pursuing alternative avenues for dispute resolution such as mediation and settlement negotiations. During mediation, a qualified third party – the mediator – facilitates discussions with the aim of reaching a mutually agreeable resolution. It’s a less adversarial process and often leads to faster settlements. Our role is to advise and assist you during negotiations, protecting your rights and helping you weigh your options.
Trial
If mediation does not result in a settlement, your divorce will go to trial. During trial, both parties will present their arguments and evidence, and a judge will make the final decisions regarding all contested issues. Given the complexity of divorce trials and the high stakes involved, it’s critical to have an attorney represent you.
Finalizing The Divorce
Once all issues are resolved, either through mediation or trial, the court will issue the final divorce decree. This document officially ends your marriage and outlines the terms of the divorce, including arrangements for custody, support, property division and any other decisions.
Post-Divorce Proceedings
In some cases, life’s changes may warrant seeking further court involvement to change existing divorce orders. Modifications of child custody, child support and alimony require an agreement with court approval or judicial resolution. Here again, it’s important to have a lawyer to help you negotiate a favorable modification or make a strong case in court.
Protecting Your Family’s Best Interests
We work diligently to help our clients secure realistic, cost-effective and timely resolutions to their family law issues. When you retain our services, you get a legal team that is committed to you and your family. Learn more about the divorce filing process and get answers to all of your divorce questions. Contact us at 239-542-4733 for a consultation with a lawyer you can trust.