Florida Power of Attorney & Dissolution of Marriage
Dissolution of Marriage Attorney in Palm City, FL
You need an experienced dissolution of marriage attorney if you are going through a divorce in Florida. Divorce cases are complex, and can be lengthy if you don’t have the proper representation. A divorce attorney will protect your rights and fight to secure the best possible outcome for you in court. Michael Todd Rebuck, PA has decades of experience and can assist you with a Florida power of attorney and dissolution of marriage in Palm City, FL. We understand that the process of divorce is emotional, and so we strive to be a source of support and assistance during this difficult time. Call us today to schedule a free consultation for a dissolution of marriage in Florida.
What Is Dissolution of Marriage in Florida?
A dissolution of marriage in Florida is the action to terminate the contract of marriage. All documents and actions are filed in the Domestic Relations Division of the court in the appropriate county. Dissolution of marriage is governed by the laws of the state of Florida, Florida statutes, and the Florida Family Law Rules of Procedure. The court will dissolve the marriage contract and oversee the division of property and assets, responsibility for debts, and the care and custody of children.
How to Qualify for Dissolution of Marriage
Under Florida law, you qualify for a dissolution of marriage if you are legally married, at least one spouse has resided in Florida for at least six months before filing the petition for dissolution of marriage, and at least one spouse believes the marriage is irretrievably broken. Either spouse can file the initial petition for dissolution of marriage. If the parties aren’t able to agree on a settlement or outcome, the divorce is considered contested and a judge will make the final determination or decree.
Collaborative Divorce Attorneys
A collaborative divorce is an uncontested divorce or dissolution of marriage. Our team has decades of experience helping parties negotiate the terms of uncontested dissolutions of marriage. We do everything we can to help divorcing spouses achieve a fair settlement, mutual agreement on custody and parenting issues, and equitable distribution of assets and liabilities. Uncontested or collaborative divorces are typically less stressful and contentious, and require less time to handle. Our team has the experience necessary to help couples divorce amicably and with less stress than a contentious divorce.
Equitable Distribution Attorneys
Our dissolution of marriage attorney also has extensive experience in the equitable distribution of property, assets, and liabilities in divorce. We help both parties assess their needs and goals, evaluate their lifestyle, and reach mutual agreement on equitable distribution. We have the skills and compassion necessary to help clients achieve equitable distribution without resorting to hearings, mediation, or other stressful outcomes. We work closely with both parties to take each of their needs into consideration and follow the appropriate legal guidelines for equitable distribution. We do everything we can to protect both party’s rights and guide them through making the best choices for their families.
Spousal Support Attorneys
Spousal support or alimony is another key factor in Florida’s dissolution of marriage. The amount of spousal support or alimony can be requested by one spouse but must be ordered by the court. Florida does not have set guidelines or statutes that govern the calculation of spousal support. Instead, the calculation is based on one party’s needs and the other’s financial ability. There are a few different types of spousal support available:
- Temporary – Temporary spousal support is awarded during the period between the date the dissolution of marriage is filed, and the date the divorce decree is entered.
- Rehabilitative – Rehabilitative spousal support is short-term support that is meant to help one spouse pursue an education or job training to improve their earning capacity.
- Permanent – Permanent spousal support is awarded for marriages of significant duration. This is either lifelong support, or support awarded until the receiving spouse remarries.
The court will consider:
- The length of the marriage
- Either spouse’s special needs
- The spouses’ earning capacity and working ability
- The receiving spouse’s needs
- Either spouse’s ability to pay support
Contested vs. Uncontested Dissolution of Marriage in Florida
Dissolution of marriage in Florida is either contested or uncontested. A contested dissolution of marriage is one in which one party does not agree to a divorce, or can’t agree on the terms of the divorce. This means that a hearing must be held before a judge. In an uncontested dissolution of marriage, both parties agree on the terms of their divorce, such as the division of assets and debts and the care and custody of the children.
Equitable Distribution in Florida Dissolutions of Marriage
The Florida statutes govern equitable distribution of marital assets and liabilities in dissolutions of marriage in Florida. All marital property and debts must be divided up in a fair and equitable manner. Equitable does not mean equal – assets and liabilities don’t necessarily need to be split down the middle. The court will consider a number of factors in order to determine how assets and liabilities are assigned in the final decree of dissolution of marriage:
- Each partner’s contribution to the marriage throughout the life of the marriage, including contributions to the care and education of the children and contributions as a homemaker.
- Each spouse’s economic circumstances, including ability to satisfy liabilities and desirability of retaining assets.
- The duration of the marriage.
- Whether either or both spouses interrupted their personal careers or educational opportunities for the good of the marriage.
- One spouse’s contributions to the personal career or educational opportunities of the other.
- The contribution of both spouses in acquiring marital assets and liabilities.
- Spouse’s desire to retain the marital home as a residence.
- The intentional waste, dissipation, depletion, or destruction of marital assets within two years prior to filing the dissolution, or after filing it.
- Any other relevant factor that contributes to equity and justice between the spouses.
Choose Michael Todd Rebuck, PA
Michael Rebuck and his team have decades of experience in the dissolution of marriage in Florida. We work tirelessly for our clients and do everything in our power to preserve their rights and give them the best chance of success in court. We focus on all elements of family law, including contested and uncontested dissolution of marriage, custody issues, parenting and coordination, alimony and spousal support, child support, paternity, adoption, domestic violence, separations, annulments, contempt and enforcement, and modification or temporary relief of legal agreements.
Schedule a Consultation for Dissolution of Marriage
Call us today or contact us online to schedule a free consultation for a Florida simplified dissolution of marriage or a contested/uncontested dissolution of marriage in Florida. Our team works hard to reach an equitable divorce settlement and alimony or child support terms. We work closely with each client to assess their needs, circumstances, goals, and lifestyle to determine the best possible outcome for your dissolution of marriage.