Daytona Beach Divorce Lawyers

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Family Law Attorney in Daytona Beach

The breakup of a family can be difficult on everybody involved, especially the children. At the Daytona Beach law firm of Pappas & Russell, we will help you get through your family law case quickly, so you can move on with your life. We are an experienced in family law here in Daytona. Our law firm can help you with your divorce and family issues.

Fighting for Fairness, Justice, and Equality

Florida uses the term “dissolution of marriage” rather than divorce. It is also a “no-fault state” meaning that a spouse need only tell a court that the marriage is “irretrievably broken.” Either spouse can file for a dissolution of marriage. The reason that the marriage is broken, only comes into play under limited circumstances when determining such things as the equitable distribution of wealth and assets and debts, the drawing up of a parenting plan and the determination of alimony.

Residency

For a divorce to be filed in Florida one of the parties needs to be a resident of Florida for at least six months. If that is not met, but will be, a legal separation could be an option.

Sometimes the two parties can agree to dissolve the marriage in an amicable way prior to the case going before a judge. This voluntary process begins when the divorce is filed. Both sides, and their respective family lawyers, sign a collaborative participation agreement. This will outline the scope and the nature of the divorce. Both sides agree to voluntarily disclose all the needed and relevant information and promise good faith in the ensuing negotiations. Should this process fail in part or whole the agreement is nullified, the parties must then discharge their attorneys and start a contested dissolution in court.

The Types of Dissolutions

There are two types of dissolution filings in a divorce in Florida, a regular dissolution and a simplified dissolution.

The regular dissolution is the most common filing in Florida. Either spouse can file a request for a dissolution with the petitioner alleging that the marriage is irretrievably broken. The petition is filed in the Florida county where either party lives. The petition spells out what the petitioner wants from the court. The other spouse has 20 days to answer after being served. They can address the points brought up in the original petition and can elect to file a counter-petition listing any other requests they wish addressed by the court.

The court requires that each side provide certain financial papers along with a completed financial affidavit within 45 days of the petition, or prior to a temporary hearing. If one of the parties fails to provide this information the court can dismiss the case. A child-support guidelines worksheet must also be filed. The requirement of filing certain financial papers can be changed or modified with agreement of both sides and the court, the filing of financial affidavits however, cannot be modified, just as the filing of the child-support guidelines worksheet, which can not be waived by the court.

Mediation during a dissolution differs from a pre-divorce mediation as the intent is not to save a marriage but is a process for the parties that helps them reach a solution and negotiate terms tat are agreeable to all sides. Some counties in Florida require mediation prior to a final trial.

If the parties agree to some or all of the issues after a petition is filed they can enter a written agreement, or if they have reached an understanding but have yet to write it up, can have their divorce finalized in a shorter amount of time.

If no such agreement can be reached the case will go to a contested final hearing, basically a “trial” where a judge makes the final decisions concerning division of property, a parenting plan, spousal support, child support or attorney’s fees.

The simplified dissolution can be used by certain couples.

Couples can use the simplified dissolution of marriage only if all the following requirements are met:

· Both parties agree to the use of this form of dissolution proceeding.
· They have no minor (under 18) or dependent children.
· They have no adopted children under the age of 18.
· Neither party is pregnant.
· At least one of the parties has lived in Florida for the past six months.
· The parties have agreed on the division of all of their property (assets) and obligations (debts).
· Neither party is seeking alimony.
· Both parties agree that the marriage is irretrievably broken.

Differences Between Regular and Simplified

In the regular dissolution each side has the right to examine and cross-examine the other spouse. Each side also has the right to obtain documents concerning the others income, assets, expenses, and debts prior to trial. In the simplified dissolution financial information can be requested, but disclosing financial information is not required.

Our law firm has the experience to help you with any kind of family law case, including:

Child Custody
Child Support
Paternity
Modification of Judgments
Alimony/Spousal Support

Non-Contested Divorce
Equitable Distribution
Domestic Violence
Protection Injunctions

At Pappas & Russell, we pride ourselves on the personal attention we give clients. You will meet a friendly staff that understands the issues you’re going through and is cognizant of your needs during a difficult time.

We know that you want to get through your case quickly, especially when children are involved. They are the ones who get hurt the most. Our Daytona Beach divorce lawyers will make every effort to reach an amicable solution to lessen the stress on your family.

At the same time, we also know that sometimes a peaceful resolution isn’t possible, and the court is the only way for you to obtain your fair share. As tough litigators, we are more than willing to fight it out when necessary with all your family law issues.

When you need a Daytona Beach divorce lawyer contact us and schedule a consultation today.

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Our law firm has the experience to help you with any kind of family law case, including: