Fort Lauderdale Divorce Lawyers
Considering divorce? You need an expert attorney by your side.
Fort Lauderdale Divorce Attorneys
Going through a divorce is tough; it’s a highly personal, emotionally charged, and complicated experience. Having the right divorce lawyer on your side can make all the difference in the world They can help you to know what to expect, help ease your stress, and can provide some security at a time when you may be feeling vulnerable and insecure.
At Braaten Law, our Fort Lauderdale divorce lawyers have the skill, knowledge, and experience to help you through your Florida divorce. We will work with you to obtain the best possible outcome in your divorce. If you are in need of a Fort Lauderdale divorce attorney, whether you are just thinking about getting divorced, have already started proceedings, or are looking for a post-judgment alteration, we are here to help!
Contact us today for a consultation.
Examples of divorce situations we can help you with
Besides the process of dissolving your marriage, our divorce lawyers in Fort Lauderdale also have experience handling a variety of situations related to divorce.
A few examples include:
- Marital settlement agreements
- Alimony or spousal support
- All facets of property division and property disputes
- All matters of child custody, visitation, timesharing, and child support
- Prenuptial & Postnuptial Agreements
- Post-divorce modifications of court orders
- Appeals of family court (or civil court) orders
- Domestic violence restraining orders
- Domestic torts
What is the dissolution of marriage?
In Florida, divorce is known as dissolution of marriage. This is the process where the legal bonds of husband and wife are dissolved.
Divorces vary significantly. Some clients come to the office having already worked out the majority of issues with their spouses. These clients simply need someone to walk them through the legal process.
On the other hand, some people come to the office with a multitude of problems and their emotions are raw. In these cases, it’s important to listen to the clients, their needs, and goals and help determine the best course of action.
Braaten Law can help you no matter which end of the spectrum your dissolution of marriage case falls.
In dissolution of marriage cases, the issues are often broken down using the acronym PEACE.
- Parental Issues: This is normally the most important issue for a divorcing couple. The court will establish a parenting plan which is a very detailed document that covers the majority of parenting issues such as visitation, providing transportation, communication between the parent and child, etc.
- Equitable Distribution: This is simply the division of assets, property, and debts.
- Alimony: Also known as spousal support. The court granting spousal support is not automatic in Florida. Some of the factors the court considers are the need and ability to pay, the length of the marriage, and the health and age of the parties.
- Child support: In Florida, child support is determined using a formula based on the income of the parents, the number of overnights, and the costs of childcare and health insurance.
- Everything else: Commonly issues such as prenuptial agreements, domestic violence, and attorneys’ fees and costs.
The office of Arica L. Braaten can counsel clients at all stages of divorce from simply contemplating divorce to post-judgment matters. Contact the Broward County office of Arica L. Braaten at (954) 380-6000 to discuss your dissolution of marriage case.
Contact us today for a confidential case consultation.
Qualifying for a Florida divorce
In order to get divorced in Florida, you need to meet the state’s residency requirement: either you or your spouse must have lived in the state for at least six months before the day you file for dissolution of your marriage.
You need to provide documentation or proof that you meet this residency requirement. The easiest way to do so is to submit a copy of your Florida driver’s license, id card, or voter registration card, all of which would need to be dated at least 6 months prior to the divorce filing.
If you cannot provide one of those, another option is to have a signed and notarized form from a witness who will corroborate that you or your spouse have lived in Florida for six months.
Fort Lauderdale Divorce Attorney
If you are in need of a Fort Lauderdale divorce lawyer, Braaten Law is here to help. Contact us today to schedule a free and confidential case consultation.
How to start the divorce process
In the state of Florida, the first thing you’ll want to do when moving forward with a divorce is to contact a divorce attorney. Having that expertise on your side is invaluable in getting the best outcomes in your divorce.
In Florida, there is something called a “simplified dissolution of marriage.” Your attorney can help you decide if that would be a good fit for you. There also is the option of a marital settlement agreement, where you and your spouse simply agree on the terms of your divorce, and then it needs to be approved by a judge.
If you need to go with a regular divorce or dissolution of marriage, one spouse completes a form to petition for the divorce. This spouse is then called the petitioner while the other is the respondent. Depending on your situation, there are likely additional forms or petitions that need to be completed that will determine how certain things are treated in your divorce, like the division of marital property and debts, child custody and visitation rights, and other very important matters.
Serving your divorce petition
Once the forms are completed and filed, the respondent will be served the papers. In Florida, there are a few ways that documents can be served. The respondent could agree to accept service of the petition by filing a notarized “Answer and Waiver of Service” form.
Without this waiver, the petition will be served through the sheriff’s office, which will typically appoint special process servers to deliver the papers. There are other rules for if the respondent can’t be located or if they are in the military or incarcerated.
Early in the divorce process, both you and your spouse will likely be required to make financial disclosures by completing a “Family Law Financial Affidavit” form. There are some situations where this form isn’t required, like if you have no children and you and your spouse have agreed on everything already.
The financial affidavit includes detailed information about your income, assets, expenses, and liabilities. You’ll file one copy of this form with the court and another will be served to your spouse. If you don’t file this with your divorce petition or answer, you’ll need to complete it within 45 days.
Why you should work with a divorce attorney
As may be evident to you by now, divorces can be fairly complicated. There is a lot of legal paperwork that needs to be completed and which paperwork you need to complete depends on your situation. There also may be back-and-forth with your spouse’s attorney(s), the judge, or the courts.
Braaten Law: Divorce Attorneys in Fort Lauderdale FL
As a divorce is such an important moment in your life, and you’ll live with the consequences of your divorce for years to come, it’s important to get this right.
A Ft Lauderdale divorce attorney from Braaten Law will have the expertise and experience to guide you through your divorce and help you get the best result possible.
Contact us today for a confidential consultation.
Fort Lauderdale Divorce Attorney FAQs
How long does it take to get a divorce in Broward County?
The length of time it takes to get a divorce in Broward County depends on a few things, like whether both spouses are in agreement about the terms of the divorce, if there are any children involved, and how complicated the financial situation is.
If both spouses are in agreement and there are no children involved, it can often be finalized within a few months. If there are disagreements or if there are children involved, it can take significantly longer.
What is a wife entitled to in a divorce in Florida?
In a Florida divorce, the wife is generally entitled to half of the marital property and assets, provided this is deemed equitable and there are no mitigating circumstances. This includes both assets and debts acquired during the marriage. The wife may also be entitled to alimony or spousal support from the husband, or vice versa.
Can a divorce be final without both signatures in Florida?
In Florida, a divorce can be final without both signatures as long as all the required forms are filed and the respondent has been properly served. There are a few things to keep in mind:
- If there are any children involved, the divorce cannot be finalized without both signatures.
- If the spouses have not agreed on all of the terms of the divorce, the divorce cannot be finalized without both signatures.
- If either spouse does not file all of the required forms, the divorce cannot be finalized without both signatures.
How long do you have to be married in Florida to get half of everything?
There is no specific answer to this question as it depends on the unique circumstances of each divorce. Typically, spouses are entitled to half of the marital property. One spouse may also receive alimony and/or child support from the other. Typically, the longer the marriage, the more likely each spouse is to walk away with half of everything.
I have evidence my spouse is cheating. How does it help my divorce?
Florida is a “no-fault” state. This means that the Court isn’t going to financially punish a person for being a bad spouse. However, if the cheating spouse is spending marital money on their paramour this can be used to argue for an unequal distribution of marital assets.
My spouse and I are in the middle of a divorce, but we are starting to have second thoughts. Can we put the divorce on hold?
Yes. This can be accomplished by filing a Motion to Abate or simply dismissing the case. It’s not uncommon for divorcing couples to “second guess” moving forward. If you fall into that category, filing a motion to abate can put a halt to the divorce. You can abate the case for 60-90 days to work on the marriage. However, if you are 100% positive you want to stay together, a voluntary dismissal is a better idea.