Our Legal Blog

Advantage Attorney

Divorce laws vary across the United States, but one thing that remains constant is that all states allow for no-fault divorce in some capacity.  It means that in Florida, spouses seeking a divorce don’t have to prove wrongdoing by the other party. Instead, they only need to demonstrate that the marriage is irretrievably broken. You should seek a free divorce case evaluation from a top-rated divorce attorney in Florida to understand your legal options. Definition of a No-Fault Divorce and How It Applies in Florida A no-fault divorce means that a spouse doesn’t need to establish that the other spouse engaged in misconduct such as adultery, abuse, or abandonment to obtain a divorce. Instead, Florida law (Fla. Stat. §61.052) allows for divorce on the grounds that the marriage is "irretrievably broken." This approach simplifies the divorce process by eliminating the need for contentious legal battles over fault-based claims. In Florida, either spouse can file for divorce without the consent of the other party. While allegations of fault are generally not relevant to obtaining a divorce, they can still influence other aspects of the proceedings, such as property division, alimony, and child custody, under certain circumstances. Comparison of No-Fault vs. At-Fault Divorce Procedures and Outcomes The distinction between no-fault and at-fault divorce systems affects the complexity and cost of a divorce. Here are some key differences: No-Fault Divorce (Florida's System) Simpler Filing Process: A spouse only needs to state that the marriage is irretrievably broken. Reduced Conflict: This eliminates the need for proving misconduct, minimizing emotional strain and legal expenses. Faster Resolution: Cases often move more quickly through the court system. Focus on Equitable Distribution: The court prioritizes fair property division and support rather than assigning blame. At-Fault Divorce (Not Applicable in Florida) Requires Proof of Misconduct: Spouses must present evidence of wrongdoing, such as infidelity or cruelty. Potential Impact on Settlements: Courts may consider misconduct when determining property division or alimony. Longer and Costlier Proceedings: Proving fault often requires extensive litigation, expert testimony, and documentation. Greater Emotional Strain: The adversarial nature of fault-based divorces can increase hostility between spouses. The Benefits and Limitations of a No-Fault Divorce Benefits Less Adversarial Process: Without the need to prove fault, spouses can focus on reaching fair agreements rather than engaging in disputes over past behavior. Lower Legal Costs: Because there’s no need for extensive investigations or evidentiary hearings, no-fault divorces tend to be less expensive. Faster Resolutions: Without fault-based litigation, divorces often proceed more quickly, allowing spouses to move forward with their lives. Privacy Protection: A no-fault system keeps personal issues related to a divorcing couple’s irreconcilable differences out of public records and courtroom battles. Limitations No Punitive Outcomes: Spouses who were harmed by misconduct (e.g., adultery or financial waste) may feel that a no-fault system doesn’t hold the other party accountable. Potential for Unfair Settlements: If a spouse hides assets or behaves unethically, the court doesn’t automatically consider those factors without legal action. Challenges for Abused Spouses: While domestic violence can impact custody and alimony, the no-fault standard doesn’t inherently weigh the abusive spouse's misconduct in granting the divorce itself. Property Division, Alimony, and Child Custody in a Florida No-Fault Divorce While fault doesn’t determine whether a divorce is granted, certain issues can still influence the court’s decisions in key areas such as marital property division, alimony, and child custody in Florida. Property Division Florida follows the principle of equitable distribution (Fla. Stat. §61.075), which means that marital assets and debts are divided fairly but not necessarily equally. The court considers factors such as: The duration of the marriage Contributions of each spouse to the marriage, including non-financial contributions like child-rearing Economic circumstances of each spouse Waste or dissipation of marital assets (e.g., excessive spending on an affair may be considered in property division) Alimony Alimony, or spousal support, is awarded based on financial need and the ability to pay. Florida courts consider: The length of the marriage (short-term, moderate-term, or long-term) The standard of living established during the marriage The financial resources and earning capacity of each spouse Any relevant contributions to the marriage, such as homemaking or supporting a spouse’s career Although Florida is a no-fault state, the court may consider adultery when determining alimony (Fla. Stat. §61.08) Child Custody and Support Florida prioritizes the best interests of the child in determining custody arrangements. Courts assess: Each parent's ability to provide a stable environment The child's emotional and developmental needs Each parent's willingness to facilitate a relationship with the other parent Any history of domestic violence or neglect Child support is calculated based on income and the number of overnight stays each parent has with the child under Florida's child support guidelines (Fla. Stat. §61.30).  Frequently Asked Questions on No-Fault Divorces in Florida Can a no-fault divorce be denied by the court? Yes, while Florida allows no-fault divorces, a judge can deny a divorce if the petitioner fails to meet residency requirements, doesn’t properly serve the other spouse, or if the court determines that reconciliation is still possible based on the evidence presented. What if my spouse refuses to participate in the divorce process? Even in a no-fault divorce, if one spouse doesn’t respond to the divorce petition, the court may proceed with a default judgment, granting the divorce based on the filing spouse’s claims. How does a no-fault divorce impact military spouses in Florida? Military divorces in Florida follow no-fault principles but involve additional legal considerations such as compliance with the Servicemembers Civil Relief Act (SCRA), which can delay proceedings if the active-duty spouse requests a stay. Can a spouse’s misconduct still affect a no-fault divorce? Yes, even though Florida is a no-fault state, issues like an adulterous spouse, financial waste, physical abuse, or domestic violence can still impact property division, alimony determinations, and child custody decisions. Is there a difference between no-fault divorce and simplified divorce in Florida? Yes, a simplified dissolution of marriage is a faster and less expensive option, but it’s only available to couples who have no minor children, no alimony claims, and fully agree on asset division. Can both spouses file for a no-fault divorce at the same time? No, only one party needs to file the petition for dissolution of marriage, but both parties can agree to all terms in a no-fault uncontested divorce. How to Prepare for Your Initial Divorce Consultation with Veliz Katz Law To make the most of your consultation with our Orlando, FL divorce attorneys, bring essential documents such as financial statements, tax returns, prenuptial agreements, and any existing court orders. Prepare a list of assets, debts, and key concerns about child custody, support, or property division.  Write down questions about Florida divorce laws, timelines, and potential outcomes. Be upfront about your situation so our attorneys can provide accurate legal advice. Consider your goals—whether you’re seeking mediation, negotiation, or litigation.  Finally, stay open-minded and take notes during the consultation to better understand your rights and legal options. Our legal team is ready to guide you through this process and provide you with the strongest representation you need. Why Choose Our Florida Divorce and Family Law Attorneys for Your Case? At Veliz Katz Law, we bring over 60 years of combined experience in handling divorce proceedings and other family law cases, making us a trusted choice for Florida families since 1994.  Personalized Legal Representation Every family is unique, and so is every legal case. We take a personalized approach, developing strategies for your situation and goals. Whether through negotiation or litigation, we will work tirelessly to achieve the best possible outcome. Experienced and Award-Winning Attorneys Our legal team includes David W. Veliz who has provided legal services in Central Florida for over 35 years, earning numerous professional accolades.  Strong Advocacy and Skilled Negotiation We don’t back down from a challenge. Our attorneys thrive in high-stakes disputes, including contested divorces, child custody battles, and complex property division cases. Whether through settlement negotiations or courtroom litigation, we fight vigorously to protect your rights. Comprehensive Family Law Services Our firm handles all aspects of family law, including: Divorce: Protecting your financial and parental rights Child Custody & Support: Ensuring the best interests of your children Alimony & Spousal Support: Advocating for fair financial arrangements Paternity & Prenuptial Agreements: Addressing legal matters before and after marriage Client-Centered Communication Legal proceedings can be stressful, but we prioritize compassionate, client-focused communication to keep you updated at every stage. We ensure you understand your rights, options, and the legal strategies we employ to protect your future. To schedule your free consultation, call us at 407-634-1835 or contact us online.

Advantage Attorney

Divorce can be a complicated and emotionally charged process, but understanding the differences between contested and uncontested divorce in Florida can help individuals make informed decisions. The approach you choose will impact the time, stress levels, and complexity of the divorce. Consult with a divorce lawyer to discuss your legal options based on your circumstances. Definition of Contested Divorce in Florida A contested divorce occurs when spouses cannot agree on one or more major issues related to their divorce, requiring court intervention. These disputes may involve: Division of assets and liabilities Alimony (spousal support) Child custody and timesharing Child support Responsibility for debts Because both parties don’t see eye to eye, a contested divorce generally involves litigation, mediation, and potentially a trial, making the process longer and more challenging. Definition of Uncontested Divorce in Florida An uncontested divorce occurs when both spouses agree on all major aspects of their divorce, including property division, child custody, child support, and alimony. This type of divorce is usually quicker, less expensive, and less stressful, as it doesn’t require extensive court involvement.  Couples may work together, usually with the help of an experienced divorce attorney, to draft a mutually acceptable divorce settlement agreement. Key Differences Between Contested and Uncontested Divorce Process in Florida FactorContested DivorceUncontested DivorceAgreementSpouses disagree on at least one issue or more Spouses agree on all termsTimeframeUsually takes several months, but in some cases even yearsTypically finalized in a few weeks Court InvolvementRequires litigation, hearings, and possibly a trial Minimal court involvement, mainly filing paperworkCostHigher due to attorney fee, court fee, expert witness feeLower costs as a prolonged court battle is avoidedEmotional Toll High stress due to disputes and courtroom proceedingsLower stress as it promotes a cooperative environment Time Frames Involved in Contested vs. Uncontested Divorces in Florida Uncontested Divorce: Typically finalized within four to six weeks if all documents are correctly filed and there are no delays Contested Divorce: Can take several months to over a year, depending on the complexity of the case, the willingness of both parties to negotiate, and the court’s availability Legal Requirements for Both Types of Divorce in Florida Residency Requirement Florida law requires that at least one spouse has lived in the state for a minimum of six months before filing for divorce. Filing the Petition For both types of divorce, one spouse must file a Petition for Dissolution of Marriage with the circuit court in their county. In an uncontested divorce, the other spouse signs a marital settlement agreement and other required forms, expediting the process. In a contested divorce, the other spouse files a response (Answer and Counterpetition), often contesting the terms outlined in the petition. Mediation and Discovery Contested divorce process usually requires mediation before proceeding to trial to encourage settlement agreements. The discovery process (exchanging financial documents, depositions, and interrogatories) plays a key role in contested divorces. Uncontested divorces bypass these extensive legal steps, leading to faster resolution for the divorcing spouses. Advantages and Disadvantages of Each Approach Contested Divorce Advantages: Ensures fair division of assets if one party is uncooperative Protects parental rights in custody disputes Provides legal recourse if one spouse is hiding assets Disadvantages: Expensive due to litigation and expert testimony costs Time-consuming, leading to prolonged emotional distress Greater risk of a court decision that neither party finds satisfactory Uncontested Divorce Advantages: Faster resolution, often within a few months Lower legal fees and court costs Less stressful for both spouses and children Disadvantages: May not be suitable for high-conflict or high-asset cases One spouse may agree to unfavorable terms to avoid litigation Steps to File for a Contested Divorce in Florida File the Petition: One spouse files a Petition for Dissolution of Marriage (divorce papers) in the appropriate circuit court. Serve the Other Party: The filing spouse ensures the divorce petition is legally delivered to the other spouse. Respond to the Petition: The other spouse has 20 days to file an answer and raise any counterclaims. Exchange Financial Disclosures: Both parties must submit financial affidavits and disclose assets, debts, and income. Attend Mediation: Florida courts require mediation before proceeding to trial, where spouses attempt to settle disputes. Discovery Process: If mediation fails, attorneys conduct depositions, request documents, and gather evidence. Pretrial Hearings: The court schedules hearings to discuss procedural issues before trial. Final Divorce Hearing or Trial: If no agreement is reached, a judge decides on unresolved issues after reviewing arguments and evidence. Final Judgment: The court issues a final ruling on all disputed matters, legally ending the marriage. Steps to File for an Uncontested Divorce in Florida Prepare a Marital Settlement Agreement: Spouses draft an agreement covering all divorce-related issues, including child support, custody, and property division. File the Petition for Dissolution of Marriage: One spouse files the petition, and the other submits a response acknowledging agreement. Complete Required Financial Disclosures: Even in uncontested cases, Florida law requires financial disclosures to ensure fairness. Attend Final Hearing (if required): Some Florida counties require a brief court appearance to confirm both parties voluntarily agree to the settlement. Receive Final Judgment: Once the judge signs the final divorce decree, the marriage is legally dissolved. How Our Florida Divorce and Family Law Attorneys Will Represent You  Strong Legal Representation in Divorce Proceedings At Veliz Katz Law, our knowledgeable divorce lawyer in Florida is dedicated to guiding you through every step of your divorce. Whether it’s an uncontested divorce, contested divorce, or another family law matter, we provide skilled legal representation to protect your rights and interests. Assess Your Case and Establish Legal Strategy Before initiating divorce proceedings, we take the time to understand your situation and develop a targeted legal strategy. Our attorneys will: Conduct an in-depth consultation to assess key issues such as child custody, alimony, property division, and financial obligations Explain Florida divorce laws and how they apply to your divorce terms Evaluate your goals and determine whether negotiation or litigation is the best path forward Identify potential legal challenges and outline effective strategies to address them Negotiate Key Divorce Issues Whenever possible, we aim to resolve divorce matters amicably through negotiation. This approach often saves time, reduces legal expenses, and minimizes stress. Our attorneys will: Represent you in neutral third-party mediation sessions to reach a fair settlement Negotiate terms related to custody arrangements, visitation, and parental responsibility for minor children Advocate for equitable property division and financial support arrangements Work towards an alimony agreement that aligns with your financial situation Ensure that all agreements comply with Florida family law and protect your long-term interests Litigate Contested Divorce Cases If negotiations fail, our skilled trial attorneys are prepared to litigate your case in court. We provide aggressive representation to safeguard your rights and achieve a favorable outcome. Our litigation approach includes: Filing all necessary legal documents and ensuring procedural compliance Presenting strong legal arguments and compelling evidence before the court Examining and cross-examining witnesses to support your case Challenging unfair claims made by the opposing party Protecting your financial and parental rights during contested proceedings. Handle Complex Financial and Property Division Matters Property division can be one of the most contentious aspects of a divorce. Florida follows the equitable distribution model, which means assets and debts are divided fairly but not necessarily equally. Our lawyers: Identify and categorize marital property and non-marital assets Conduct financial discovery to uncover hidden assets, if applicable Work with forensic accountants to ensure accurate valuation of businesses, investments, and retirement accounts Advocate for a property division plan that preserves your financial stability Protect Your Parental Rights and Child Custody Interests If you have children, determining custody and visitation arrangements is a critical component of your divorce. Florida courts prioritize the best interests of the child, and our attorneys will: Help you develop a comprehensive parenting plan Advocate for your parental rights in custody negotiations and hearings Address issues such as relocation, parental alienation, and child support obligations Ensure a fair and enforceable custody agreement that supports your child’s well-being Secure Fair Alimony and Spousal Support Arrangements Spousal support can be a major financial concern in a divorce. Whether you’re seeking alimony or facing a payment obligation, our team will: Assess eligibility for alimony based on Florida law Argue for appropriate support terms that reflect financial needs and earning capacity Challenge excessive or unfair alimony requests through legal arguments and evidence Negotiate lump-sum, rehabilitative, durational, or permanent alimony agreements Ensure Smooth and Legally Sound Divorce Proceedings Dealing with Florida’s legal system can be overwhelming, but our attorneys ensure that your case progresses smoothly by: Managing all legal filings, deadlines, and court appearances Advising you on compliance with court orders and legal obligations Providing ongoing support and updates throughout the divorce process Addressing any post-divorce modifications or enforcement issues that may arise Get Our Dedicated Florida Divorce Lawyers on Your Side Divorce can be emotionally and financially challenging, but with the right legal representation, you can protect your rights and best interests. At Veliz Katz Law, our Orlando, FL family law attorneys will leave no stone unturned to help you achieve a fair outcome through negotiation or litigation. To schedule your free consultation, call us at 407-634-1835 or contact us online.

Advantage Attorney

The divorce process can be emotionally and legally complex, and one of the first critical steps is serving divorce papers to the other spouse. The timeline for serving divorce papers in Florida depends on multiple factors. In the best-case scenario, service can be completed within a few days to a couple of weeks.  However, challenges such as evasion, relocation, or court delays can extend the timeline. You should seek legal guidance from a divorce attorney to protect your best interests right from the start. The Divorce Process in Florida In Florida divorce cases, the entire process is legally structured. The petitioner (the spouse filing for divorce) must complete and file the necessary paperwork with the circuit court in the county where either spouse resides.  The petition for dissolution of marriage is then officially served on the respondent (the other spouse), who must be given formal notice of the legal proceedings. Service of process is a vital step, as the court requires proof that the respondent has received the divorce petition before proceeding with the case. Steps in the Divorce Process Filing the Petition: The petitioner submits a divorce petition to the circuit court. Service of Process: The respondent is served with the divorce papers. Response Period: The respondent has 20 days to file an answer. Negotiations or Mediation: The parties may attempt to reach a settlement. Final Hearing or Trial: If unresolved, the case proceeds to court. After divorce papers are served, the other party has an answer period to respond. Both spouses may need to attend mediation to resolve disputes before the final trial. During the discovery process, financial and personal information is exchanged through legal documents. Legal Requirements for Serving Divorce Papers in Florida Florida law mandates that the respondent must be personally served with divorce papers unless they waive this requirement by signing an Acceptance of Service. The Florida Rules of Civil Procedure require that process servers follow specific methods to ensure proper service. Methods of Service Personal Service by a Sheriff or Private Process Server: This is the most common method, where a sheriff’s deputy or a certified process server delivers the documents directly to the respondent. Substituted Service: If the respondent is unavailable, the papers may be left with another adult at their residence. Service by Publication: If the respondent cannot be located after due diligence, service may be made by publishing a notice in a local newspaper. For a divorce to proceed, proper service must be confirmed through an Affidavit of Service filed with the court. Factors Influencing the Timeline to Serve Divorce Papers The time it takes to serve divorce papers in Florida can vary based on several factors: Availability of the Respondent If the respondent is readily available, service can occur within a few days after filing. If the respondent is avoiding service or is difficult to locate, the process may take weeks or even months. County-Specific Processing Times Each county in Florida has different processing times for issuing summonses and arranging for service. Some counties take one to three days, while others may require up to two weeks. Choice Between Sheriff or Private Process Server Using a private process server can sometimes be faster than relying on the county sheriff, who may have a backlog of cases. Respondent’s Willingness to Accept Service If the respondent willingly accepts service and signs an acknowledgment, the process can be completed immediately. If the respondent refuses to accept service, the server may have to attempt multiple visits, delaying the timeline. The Need for Alternative Service Methods If the respondent is missing or intentionally evading service, the petitioner may need to pursue service by publication, which takes additional time (typically 30+ days of due diligence and newspaper publication requirements). Common Challenges in Serving Divorce Papers and How They Can Be Mitigated In some cases, serving divorce papers can be straightforward, but various obstacles can arise that cause delays. Below are common challenges and solutions: The Respondent Is Evasive Challenge: The respondent actively avoids service, making it difficult for the process server to complete delivery. Solution: A private investigator or experienced process server may be used to locate and serve the respondent discreetly. In extreme cases, service by publication may be necessary. The Respondent Is in Another State or Country Challenge: Serving papers across state or international borders can complicate the process. Solution: Service may be conducted under the laws of the foreign jurisdiction, using methods such as the Hague Convention for international cases. Incorrect Address or Relocation Challenge: The petitioner doesn’t have up-to-date information on the respondent’s whereabouts. Solution: Conducting a skip trace search (a method used by professionals to locate individuals) can help track down the respondent’s current address. Delays in Court Processing Challenge: Some counties have backlogs, slowing down the issuance of summonses needed for service. Solution: Working with an experienced divorce attorney can help expedite the filing and service process. Uncooperative Third Parties Challenge: If a third party (such as a roommate or family member) refuses to accept service on behalf of the respondent, it may cause delays. Solution: Ensuring that service attempts occur when the respondent is likely to be present can improve success rates. Frequently Asked Questions About the Divorce Process Timeline in Florida How long does it take to serve divorce papers if my spouse is deployed overseas in the military? If your spouse is on active military duty, the Servicemembers Civil Relief Act (SCRA) may delay service and divorce proceedings until they can respond. This can add months or even years to the process. What if my spouse deliberately avoids being served? If traditional service attempts fail, you may need to request substituted service through publication in a local newspaper, which can extend the timeline by 30 to 60 days or more. Can service be delayed if my spouse is in a psychiatric facility? Yes. If your spouse is involuntarily committed to a psychiatric facility, service may require additional steps, such as obtaining approval from the hospital’s legal department or appointing a guardian. What happens if my spouse is in a foreign country with no formal legal treaty with the U.S.? Serving papers in a country without a Hague Service Convention treaty can be difficult and time-consuming, often requiring diplomatic channels, which can take six months to a year or longer. Can I serve divorce papers via email or social media in Florida? Only in exceptional cases where the court approves alternative service methods due to a spouse being unreachable through traditional means. This typically requires proving due diligence in attempting regular service first. What happens if my spouse is in a coma or mentally incapacitated—can they still be served? If a spouse is mentally incapacitated or in a coma, a guardian ad litem may need to be appointed by the court to represent their legal interests. This can extend the timeline. If my spouse is incarcerated, does it change the divorce timeline? Yes. While an incarcerated spouse can still be served, their ability to respond and participate in hearings may be limited, potentially delaying the process. Special procedures may be needed to obtain their response. Can the divorce be put on hold if my spouse and I reconcile after filing? Yes. You can pause or dismiss your divorce case if both parties agree, but if you decide to continue later, you may have to re-file and restart the process. What is the average uncontested divorce timeline in Florida? The average timeline for an uncontested divorce in Florida is typically three to six months, depending on court processing times and mandatory waiting periods. How Our Florida Divorce Attorneys Will Serve Divorce Papers Expeditiously on Your Behalf At Veliz Katz Law, our experienced Orlando, FL family law attorneys will take the following steps to ensure timely service: Prepare Legally Sound Documents Our attorneys will carefully draft and file the Petition for Dissolution of Marriage in strict compliance with Florida law, ensuring it meets all legal requirements. We will compile and submit essential documents, including: Summons: Official notice informing your spouse of the divorce proceedings Financial Affidavits: Detailing each spouse’s income, assets, and debts to facilitate fair division Other Required Disclosures: Ensuring transparency in financial and legal matters Select the Fastest Service Method Personal Service: We work with licensed process servers or law enforcement officers to personally serve your spouse. Substituted Service: If your spouse is unavailable, we may serve a responsible adult at their home or workplace. Alternative Service: If traditional service fails, we will seek court approval for service by publication, email, or social media when applicable. Handle Evasive or Missing Spouses We conduct skip tracing to locate spouses who have moved or are intentionally avoiding service. If necessary, we petition the court for service by publication, allowing the divorce to proceed even if the spouse cannot be found. Address Special Circumstances For spouses in the military, out-of-state, or overseas, we follow legal protocols to ensure valid service under Florida and federal law. If your spouse is incarcerated or mentally incapacitated, we take the necessary legal steps to serve them appropriately. With swift and strategic action, our team at Veliz Katz Law ensures that your divorce proceeds without unnecessary delays. To schedule your free consultation, call us at 407-634-1835 or contact us online.

Advantage Attorney

Dividing assets in a Florida divorce can be complex, especially when it comes to the marital home. Many spouses wonder whether they will be able to keep the house or if they will have to sell it as part of the divorce settlement.  Florida follows the principle of equitable distribution, which means that assets are divided fairly—but not necessarily equally—between the spouses. Various legal and financial factors will determine who ultimately gets the house. An experienced Orlando, FL divorce attorney can strongly represent you in property division negotiations to ensure your financial interests are fully protected.  Marital vs. Non-Marital Property in Florida Before the court can determine who gets the house, it must establish whether the home is considered marital property or non-marital (separate) property: Marital Property: Assets acquired during the marriage, including a home purchased jointly or with marital funds Non-Marital Property: Property acquired before marriage or received as a gift or inheritance (unless co-mingled with marital assets) If the home was purchased before the marriage by one spouse’s separate property but later used as a primary residence for the family, or if marital funds were used to pay the mortgage or make improvements, the house may become partially marital property. Factors Influencing Who Gets the House Florida courts take several factors into account when determining house division, including: Each Spouse’s Contribution: This includes financial contributions such as mortgage payments, as well as non-financial contributions, such as home maintenance and raising children. Economic Circumstances: The court evaluates each spouse’s financial stability and ability to afford the house after divorce. Custody Arrangements: If children are involved, courts often prioritize keeping the primary custodial parent in the family home to minimize disruption. Agreements Between Spouses: If a prenuptial or postnuptial agreement specifies property division terms, courts generally uphold these agreements. Dissipation of Assets: If one spouse wasted or misused marital funds, this could impact property division decisions. Desirability of Keeping the Home: Sometimes, neither spouse can afford to keep the home, making selling the best option. Common Outcomes in House Division Selling the Marital Home In many cases, the court may order the home to be sold and the proceeds divided equitably between the spouses. This usually happens when: Neither spouse can afford to keep the house There are no children or custody concerns The home is too financially burdensome for one party One Spouse Buying Out the Other Another common resolution is for one spouse to buy out the other’s share of the home. This requires the purchasing spouse to: Refinance the mortgage in their name Pay the other spouse a lump sum equivalent to their share of the home’s value Offset the home’s value with other marital assets, such as retirement accounts or vehicles One Spouse Keeping the Home In some situations, a court may award the house to one spouse. This is more likely when: One spouse has sole or primary custody of minor children and needs to maintain stability for them The house is a non-marital asset belonging solely to one spouse One spouse is in a better financial position to maintain the home Legal Factors in Property Division The Role of Prenuptial Agreements A prenuptial agreement can impact property division, especially if it specifies that the house is separate property. If the couple signed a valid prenup stating that one spouse would keep the house, courts typically enforce the agreement unless there’s evidence of fraud or coercion. Assessing the Contribution to Marital Property If one spouse made significant financial or non-financial contributions to the home—such as paying the mortgage, making renovations, or maintaining the property—the court may weigh these contributions when determining property division. Impact of Children and Custody Arrangements on Property Division Florida courts prioritize the best interests of the child when making property division decisions. If one parent is awarded primary child custody, they may be allowed to remain in the home, especially if moving would disrupt the child’s education or well-being. Mortgage Responsibility and Debt Considerations If one spouse keeps the home, they must also take over the mortgage. If both spouses’ names are on the loan, the remaining spouse may need to refinance to remove the other spouse’s name. The court also considers any remaining debts and obligations tied to the home. Steps Our Florida Divorce Lawyers Will Take to Protect Your Interests in a Property Division  Evaluation of Marital and Non-Marital Property One of the first steps our experienced Florida divorce attorneys at Veliz Katz Law take is distinguishing between marital and non-marital property. Florida follows equitable distribution laws, which means assets are divided fairly, not necessarily equally. To ensure a just outcome, we will: Gather financial records: We obtain deeds, bank statements, tax returns, business documents, and investment portfolios. Review prenuptial and postnuptial agreements: If an agreement exists, we assess its validity and enforceability. Assess separate property claims: We compile evidence like inheritance records, prior ownership documents, and transaction histories to demonstrate a spouse’s separate property rights. Identifying Hidden Assets in High Net Worth Divorces In high-net-worth divorces, there’s an increased risk of one spouse attempting to conceal property to avoid fair division. Our legal team takes proactive steps to uncover any hidden assets before or during the divorce process, including: Forensic Accounting: We will work with forensic accountants or a certified divorce financial analyst to track financial discrepancies, offshore accounts, or complex investment structures. Tax Return Analysis: Reviewing past tax filings helps identify undisclosed income, business revenue, and real estate holdings or other assets. Digital Asset Tracing: Cryptocurrency, online accounts, and digital investments are closely examined. Lifestyle Audits: A spouse’s spending habits may reveal undisclosed assets. Strategic Negotiations to Secure Favorable Terms At Veliz Katz Law, we aim to negotiate a fair property division that aligns with your long-term financial well-being. Our approach includes: Advocating for your best interests: We leverage legal skills and financial data to argue for a distribution that reflects your contributions and future needs. Considering buyout options: If you wish to retain ownership of certain assets, we explore ways to offset the value with other properties. Minimizing tax burdens: Our skilled divorce attorney will analyze the tax implications of asset and personal property division to ensure a financially sound resolution. Ensuring compliance with Florida law: Our attorneys ensure all agreements adhere to Florida’s equitable distribution guidelines and legal precedents and that all financial obligations are properly met. Trial Readiness If Negotiations Fail While we strive to settle property disputes amicably, we’re fully prepared to take your case to court if necessary. Should negotiations fail, we will: Present clear, compelling evidence to the judge regarding asset classification and fair distribution Call on expert witnesses such as financial analysts and appraisers to support your claims Challenge attempts to conceal assets or undervalue property through aggressive legal advocacy By proactively preparing for litigation, we strengthen your position and increase the likelihood of securing a favorable ruling. Choose Our Trusted and Proven Florida Divorce Lawyers At Veliz Katz Law, our Florida divorce attorneys protect your financial future through comprehensive property division strategies. Whether negotiating a fair settlement or litigating to ensure you receive your rightful share, we advocate aggressively on your behalf. Reach out to us today to discuss how we can safeguard your assets during divorce proceedings. To schedule your free consultation, call us at 407-634-1835 or contact us online.

Advantage Attorney

The concept of common law marriage often needs clarification, as many people mistakenly believe that simply living together for a certain number of years automatically creates a legally recognized marital relationship. However, the recognition of common law marriage varies by state, and Florida's position on the matter is lawfully nuanced. In all types of family law matters or divorce cases, it is best to have a knowledgeable Orlando, FL divorce attorney on your side. What is Common Law Marriage? A common law marriage is a legally recognized union that arises when a couple lives together and presents themselves as married, even though they have not obtained a marriage license or participated in a formal ceremony. In states that recognize common law marriage, couples typically must meet specific requirements, such as: Living together for a certain length of time. Representing themselves as a married couple (e.g., filing joint taxes, referring to each other as spouses). Having the intent to be married. Once established, a common law marriage is treated similarly to a traditional marriage, including rights to property division, spousal support, and inheritance. Does Florida Allow Common Law Marriage? Florida’s Historical Position on Common Law Marriages Florida did recognize common law marriages prior to 1968. If a couple established a common law marriage in Florida before January 1, 1968, that marriage is still legally valid under state law. These unions are treated the same as any traditional marriage in Florida. Florida’s Current Legal Framework Florida abolished the creation of common law marriages with the enactment of Florida Statute § 741.211. According to this statute: "No common-law marriage entered into after January 1, 1968, shall be valid. However, nothing in this section shall affect any marriage that was validly entered into under the law applicable at the time." This means that couples in Florida who began living together after January 1, 1968, cannot form a common law marriage, regardless of how long they have lived together or whether they consider themselves married. Florida Recognizes Common Law Marriages Established in Other States While Florida does not allow the creation of common-law marriages within the state, it does recognize valid common-law marriages established in states where such unions are permitted. This principle is based on the Full Faith and Credit Clause of the U.S. Constitution, which requires states to honor legal acts from other jurisdictions. For example, if a couple establishes a common law marriage in a state where common law marriage is recognized and later moves to Florida, their marriage will be considered legally valid in Florida. Legal Implications of Florida’s Position on Common Law Marriage Florida’s refusal to recognize common law marriage after January 1, 1968, creates several legal and financial challenges for unmarried couples living together in the state.  Property Rights: No Automatic Division of Assets Unmarried couples do not have the right to equitable distribution of property acquired during the relationship. Unlike married couples who undergo divorce proceedings, where assets are divided based on fairness, unmarried partners rely on property law principles. Specifically: Ownership by Title: The person whose name appears on the title or deed owns the property. If only one partner's name is listed, the other partner has no legal claim, regardless of contributions made to the purchase or maintenance of the asset. Joint Ownership Complications: Property owned jointly may lead to disputes if the relationship ends. For example, if both names are on the title, courts may need to resolve the division of the property, which can be costly and time-consuming. Unmarried partners can address these challenges through legal agreements, such as cohabitation agreements or written contracts defining property ownership and financial contributions. Inheritance Rights: Risk of Being Disinherited Under Florida law, unmarried partners have no automatic right to inherit from each other’s estate if one partner dies without a will. This can lead to devastating outcomes, especially for couples who have spent years building shared lives but did not take legal steps to protect their partner’s inheritance rights. Specifically: Intestate Succession Laws: Florida's intestate succession laws determine how property is distributed when someone dies without a will. These laws prioritize spouses, children, and other blood relatives, excluding unmarried partners entirely. Potential Family Disputes: In the absence of clear legal instructions, surviving family members may challenge an unmarried partner’s claim to the deceased partner’s assets. To avoid these risks, unmarried couples should create wills, trusts, or other estate planning documents that clearly outline their wishes. Health Care Decision-Making: Lack of Legal Authority Unmarried partners are not considered legal next of kin in Florida, which means they have no automatic right to make medical decisions on behalf of an incapacitated partner. This can create significant challenges during emergencies or end-of-life situations: Hospital Access Issues: Hospitals and medical institutions may deny an unmarried partner access to their loved one or exclude them from critical discussions about medical care. Decision-Making Authority: Without a legal designation such as a healthcare surrogate, unmarried partners cannot make decisions about treatment, even if they know their partner’s wishes better than anyone else. Creating a healthcare surrogate designation and a durable power of attorney ensures that an unmarried partner has the legal authority to act on behalf of their loved one. Financial Support: No Right to Spousal Support or Alimony Unlike married couples, unmarried partners cannot seek spousal support (alimony) following a breakup, no matter how long they were together or whether one partner was financially dependent on the other. This can have profound financial implications for the less economically secure partner, particularly in situations where one partner: Gave up career opportunities to support the other partner’s professional growth. Relied on the other partner’s income to maintain a certain standard of living. Contributed to shared assets or financial ventures without formal ownership documentation. To mitigate this issue, partners should consider formal agreements addressing financial contributions, particularly in cases where one partner is sacrificing income or career advancement for the benefit of the relationship. Child Custody and Support: Establishing Paternity Is Important While Florida law treats child custody and support matters the same for married and unmarried parents, establishing paternity is a critical step for unmarried couples. Without this legal acknowledgment, fathers may lack parental rights, and mothers may struggle to secure child support. Key considerations include: Rights of Unmarried Fathers: Without paternity establishment, a father has no legal right to custody or visitation, regardless of his involvement in the child’s life. Financial Support for Children: A mother must establish paternity to enforce child support obligations. This is particularly important for ensuring the child’s economic well-being. Paternity can be established voluntarily through an affidavit or through court proceedings if disputed. Tax Implications: Separate Filings and Missed Benefits Unmarried couples are required to file separate tax returns, which can lead to financial disadvantages compared to married couples who can file jointly. Key tax-related challenges include: Loss of Tax Deductions: Married couples may qualify for deductions or credits unavailable to unmarried individuals. Estate and Gift Taxes: Unmarried couples do not benefit from the unlimited marital deduction, which allows spouses to transfer assets tax-free. This can result in significant estate or gift tax liabilities. Estate planning, including trusts, can help minimize these tax burdens. Domestic Partnership Recognition in Florida Some counties and municipalities in Florida offer domestic partnership registries, which may provide limited rights and benefits, such as: Hospital visitation rights. Health insurance benefits (if recognized by the employer). Limited authority for medical or financial decision-making. However, domestic partnerships are not recognized at the state level and do not provide the complete legal protection of marriage. Protecting Your Rights as an Unmarried Couple in Florida Since Florida does not recognize common-law marriage, unmarried couples must take proactive legal steps to protect their rights and interests. Below are some key legal tools and agreements to consider: Cohabitation Agreements A cohabitation agreement is a legally binding contract that outlines each partner's rights and responsibilities during the relationship and in the event of a breakup. It can address issues such as: Division of property Financial support Debt allocation Dispute resolution Estate Planning Documents Unmarried couples can use estate planning documents to ensure their partner is provided for in the event of illness or death. These documents may include: Wills: Specify how assets will be distributed and name a partner as a beneficiary. Trusts: Create a more robust legal framework for asset distribution. Durable Power of Attorney: Designate a partner to make financial decisions. Health Care Surrogate Designation: Grant a partner the authority to make medical decisions. Paternity Actions Establishing paternity is vital for unmarried parents to secure legal rights and responsibilities regarding child custody, visitation, and support. Paternity can be established voluntarily or through court proceedings. Choose Our Proven Florida Family Law and Estate Planning Attorneys If you are facing a divorce, family law, probate, or estate planning matter in Florida, trust the compassionate and skilled team at Veliz Katz Law to provide you with personalized legal representation. With over 60 years of collective experience, we have been proudly serving individuals and families in Central Florida and surrounding areas since 1994.  No matter how complex or challenging your legal issue may be, our dedicated attorneys will provide the thoughtful guidance and strong advocacy you need. To schedule your free consultation, call us at 407-410-4146 or contact us online.

Advantage Attorney

Divorce can be emotionally taxing and financially draining. The cost of a divorce in Florida varies widely depending on several factors, including the complexity of the case, whether it is contested or uncontested, and the involvement of children or significant marital assets. You need an experienced divorce lawyer on your side who has the skills and resources to achieve the desired objectives while remaining prudent with the costs. Average Divorce Costs in Florida According to a report published in USA Today in 2020: The average cost of divorce without children in Florida is $13,500, making it the 15th highest in the U.S. The average cost of divorce with children rises to $20,300, placing it 16th highest nationally. Divorce filing fees range from $350 to $410, depending on the county. While these averages provide a helpful starting point, the actual costs of a divorce in Florida can range from as low as $500 to well over $100,000, depending on the specifics of the case. Uncontested vs. Contested Divorce in Florida Uncontested Divorce A simplified dissolution of marriage is the least expensive and quickest type of divorce in Florida. It requires that both parties: Agree on all aspects of the divorce, including asset division and child-related matters (if applicable). Prepare and file the paperwork themselves. The total cost for a simplified divorce typically amounts to $408, which includes the clerk’s filing fee. Additional fees may include: Summons issuance: $10. Sheriff service fee: $40 (if one spouse needs to be served with divorce papers). Property transfer fees: If the marital home or other property is transferred, deed recording fees will apply. Contested Divorce A contested divorce is significantly more complex and costly. Disagreements may arise over issues such as: Child custody and parenting plans. Alimony requests. Division of significant marital assets. Disputes over poorly drafted prenuptial agreements. Relocation of children. Contested divorces typically cost between $5,000 and $20,000, with fees increasing as disputes require additional attorney hours, mediation, expert witnesses, and court appearances. Depending on the duration and complexity of the litigation, costs can easily exceed $50,000 if a case goes to trial. Factors Influencing Divorce Costs in Florida Legal Fees Hourly Rates: Orlando, FL divorce attorneys generally charge $225 to $310 per hour, though rates may be higher in specific urban locations. Retainers: Attorneys often require an upfront retainer of $2,000 to $5,000, which is drawn upon as they work on the case. The overall cost depends heavily on the time spent resolving disputes, negotiating settlements, and preparing for trial. Court Filing Fees The filing fee for a divorce in Florida is approximately $400. Some counties may charge an additional $10 to $15 for self-represented individuals. If a spouse cannot afford these fees, they may apply for civil indigent status, which can waive the filing fee. Mediation Costs Mediation is a cost-effective alternative to going to trial, helping couples negotiate a settlement without judicial intervention. Mediators typically charge $200 to $500 per session, which can save both parties significant legal expenses if agreements are reached quickly. Child Custody and Support Divorces involving children are inherently more expensive. Costs can escalate due to: Parenting plan disputes. Child support calculations: Based on Florida Statutes Ch. 61 Sec. 30, support is determined by the parent’s monthly net income and the number of children. Courts may adjust support amounts by up to 5% based on factors such as the child’s needs and the parent’s financial conditions. Property Division and Alimony Florida follows equitable distribution laws, which aim to divide marital assets fairly. However, disputes over property values and asset division can increase costs: Appraisal fees: For valuing homes, businesses, or other assets. Forensic accountants: To uncover hidden income or assets. Expert witnesses: To testify about the valuation of complex assets. Alimony is determined based on factors like the duration of the marriage, the spouses’ earning capacities, and their standard of living during the marriage, as outlined in Florida Statutes Ch. 61 Sec. 8. Disputes over alimony terms often lead to prolonged legal battles and increased costs. Expert Fees Divorce cases may require hiring professionals beyond attorneys, including: Financial experts: To assess shared debts and income discrepancies. Mental health professionals: For custody evaluations. Real estate appraisers: To determine the fair market value of property. If a Florida Divorce Case Goes to Trial, the Estimated Costs May Be Higher If traditional divorce litigation is involved, the costs can become highly unpredictable and escalate rapidly. A variety of factors influence the overall cost of a divorce trial, making it nearly impossible to predict expenses accurately. Key contributors include: Stubborn or Uncooperative BehaviorWhen one or both parties take a hardline stance on issues such as asset division or timesharing, it can lead to unnecessary hearings and prolonged court proceedings. This behavior increases the litigation costs and delays resolution. Extensive DiscoveryDiscovery is the process of exchanging financial documents, communications, and other relevant evidence. If one party requests extensive discovery or fails to cooperate, it can lead to additional motions to compel, forensic accounting costs, and prolonged litigation. Complex Assets and DebtsCases involving businesses, investments, or high-value assets require detailed financial evaluations, often necessitating expert witnesses like forensic accountants or business valuation professionals. These experts can charge thousands of dollars for their services, significantly adding to the total cost. Contentious Timesharing IssuesCo-parenting disputes are among the most emotionally charged aspects of divorce. If one party adopts an aggressive position regarding custody and timesharing, it may lead to psychological evaluations, guardian ad litem appointments, or other costly interventions aimed at protecting the best interests of the child. Number of Witnesses and Expert TestimonyTrials often involve testimony from witnesses, such as financial experts, appraisers, or mental health professionals. Each witness adds to the cost, not only in fees but also in preparation time for the attorneys. Length of the TrialA divorce trial in Florida can span several days or even weeks. Each day in Florida courts requires the presence of attorneys, experts, and sometimes even court reporters, all of whom charge for their time. When all these factors combine, Florida divorce costs may sometimes surpass $50,000. This figure includes the cost of a divorce lawyer, expert witness fees, court filing fees, and other miscellaneous expenses. If post-trial motions or appeals are filed, the financial burden may increase due to the prolonged divorce process. Why Settling Out of Court is Usually Preferred Given the high cost and prolonged nature of divorce trials, many family law attorneys advocate for settlement negotiations as a way to resolve disputes more efficiently. While settlement discussions still require legal representation, they are typically faster and less expensive than a full trial. Parties retain more control over the outcome and can avoid the uncertainty and financial risks associated with leaving decisions to a judge. Estimated Costs in a Florida High Net Worth Divorce High net-worth divorces in Florida are inherently more complex and costly due to the significant financial stakes and intricate marital property portfolios involved.  Business Assets Division Cost of Business Valuation Experts:A professional business valuation can cost between $10,000 and $50,000, depending on the size and complexity of the business. Disputes Over Valuation:If one party disputes the valuation, additional experts may be hired, increasing costs further in addition to attorney fees. Real Estate Assets Division Cost of Real Estate Appraisals:Real estate appraisers typically charge $500 to $5,000 per property, with costs rising for unique or high-value properties. International Real Estate:If overseas properties are involved, the costs increase significantly due to the need for international valuation experts and currency exchange rate analyses. Hidden Overseas Assets Forensic Accounting for Offshore Accounts:Tracking down hidden offshore assets can cost between $10,000 and $50,000, depending on the level of concealment and the jurisdictions involved. Compliance with International Laws:Legal and accounting fees can increase significantly if compliance with foreign laws, such as those related to disclosure or taxation, is required. Complex Financial Accounting Cost of Financial Experts:Forensic accountants charge $200 to $600 per hour, with total costs ranging from $10,000 to $100,000, depending on the complexity of the financial landscape. Cryptocurrency and Digital Assets:With the rise of digital currencies like Bitcoin, forensic accountants may need to investigate blockchain transactions to uncover hidden assets, adding substantial costs. High Amounts of Child Support and Alimony Expert Witness Costs:Economists and lifestyle analysts can charge $5,000 to $20,000 for their services, depending on the complexity of their analysis, where issues such as alimony or support for minor children are involved. Long-Term Financial Planning:Attorneys may consult financial planners to ensure that spousal support or child support agreements align with the client’s long-term financial goals, which have additional costs. Why It’s Worth Choosing Our Seasoned Divorce Lawyers in Florida At Veliz Katz Law, we bring the legal skills, strategic planning, and commitment needed to achieve a favorable outcome for your case. Here’s why our team is the right choice for this critical chapter of your life. Experience That Delivers Results Divorce law is intricate, and mistakes can have lasting consequences. Compared to errors that can be fixed, a poor choice in legal representation during a divorce usually leaves no room for corrections. Final judgments in Florida are precisely that—final—and can only be appealed or modified in exceptional circumstances. Proven Skill in Complex Cases:At Veliz Katz Law, we have years of experience handling all types of divorce cases, including those involving high-net-worth individuals, complex custody arrangements, and contested property divisions. We anticipate challenges and prepare accordingly to avoid pitfalls that could haunt you for years to come. Avoiding Irreversible Mistakes:A poorly handled divorce can lead to unfair alimony arrangements, loss of property rights, or unfavorable custody decisions. We focus on protecting your rights from the outset to prevent costly and often irreversible outcomes. Protecting What Matters Most to You The stakes in a divorce are high, especially when children, family businesses, or valuable assets are involved. Our attorneys are dedicated to protecting what matters most to you. Strong Advocacy for Custody and Support:We understand that custody and child support arrangements are emotionally charged. We fight for solutions that prioritize the well-being of your children and ensure you remain an active part of their lives. Comprehensive Asset Protection:From marital homes to investments, retirement accounts, and business interests, we ensure that unfair settlements or overlooked assets do not jeopardize your financial future. Avoiding the “Low-Ball” Trap Choosing a low-cost attorney may seem like a way to save money, but the long-term consequences of inadequate representation can far outweigh the upfront savings. Why Low-Cost Options Can Be Risky:Inexperienced attorneys may lack the knowledge to navigate Florida’s complex divorce laws or the skills to negotiate with confidence. The result? Poor settlements, missed opportunities, and even financial losses that could have been avoided. Final Judgments Are Final:Once a divorce judgment is entered, undoing the damage caused by poor legal representation is incredibly challenging and often impossible. Veliz Katz Law ensures your case is handled with the care and skill required to get it right the first time. Compassionate, Client-Focused Representation Divorce is one of life’s most difficult experiences, and we are committed to guiding you through it with compassion and professionalism. Personalized Attention:At Veliz Katz Law, you’re more than just a case number. We take the time to listen to your concerns, answer your questions, and provide the support you need during this challenging time. Peace of Mind:Knowing that your case is in the hands of seasoned professionals allows you to focus on rebuilding your life rather than worrying about the outcome of your divorce. Get Our Trusted Florida Divorce Lawyers on Your Side At Veliz Katz Law, we understand the weight of the decisions made during a divorce and the lasting impact they can have on your life. Choosing experienced and dedicated attorneys is not just a wise decision—it is critical to ensuring the best possible outcome. Don’t leave your future to chance by settling for less. Reach out to our Florida divorce attorneys today and take the first step toward protecting your interests. To schedule your free consultation, call us at 407-410-4146 or contact us online.

Advantage Attorney

In Florida, divorce laws are designed to ensure a fair and equitable distribution of marital assets, liabilities, and responsibilities. While Florida does not automatically provide special entitlements to either spouse based on gender, the law considers several factors when determining the division of assets, alimony, child custody, and other vital issues. Get legal representation from a seasoned Florida divorce attorney to protect your rights and interests in a divorce. Florida's No-Fault Divorce Law Florida operates under a no-fault divorce system, which means that a spouse seeking a divorce does not need to prove wrongdoing, such as infidelity or abuse. Instead, the petitioner must simply demonstrate that the marriage is "irretrievably broken." This no-fault system applies equally to both spouses and establishes a neutral foundation for resolving financial and parental disputes. Equitable Distribution of Marital Assets and Liabilities Florida follows the principle of equitable distribution, which means marital assets and debts are divided relatively—but not necessarily equally—between the spouses. Here’s what that entails: Marital vs. Non-Marital Property Marital Property: Assets and debts acquired during the marriage are generally considered marital property, regardless of whose name is on the title or account. Examples include real estate, joint bank accounts, retirement accounts accrued during the marriage, and debts like mortgages or credit card balances. Non-Marital Property: Assets acquired before the marriage, inheritances, or gifts to one spouse may remain non-marital property unless they were co-mingled or used for marital purposes (e.g., adding a spouse’s name to a deed or bank account). Factors Affecting Equitable Distribution The court considers multiple factors when dividing marital property, including: The duration of the marriage. Each spouse’s contributions to the marriage, including homemaking and raising children. The economic circumstances of each spouse. The contribution of one spouse to the education or career advancement of the other. Any intentional dissipation or depletion of marital assets by either party. Alimony (Spousal Support) Florida law allows for various types of alimony to support a lower-earning or non-earning spouse after divorce. Alimony is not guaranteed but can be awarded based on specific circumstances. Types of Alimony Temporary Alimony: Support provided during the divorce proceedings. Bridge-the-Gap Alimony: Short-term assistance to help a spouse transition to post-divorce life (e.g., paying for moving expenses or job training). Rehabilitative Alimony: Support to help a spouse gain education or skills needed to become self-supporting. Durational Alimony: Support provided for a set period, typically not exceeding the length of the marriage. Note: As of July 1, 2023, Florida has eliminated “permanent alimony,” a type of spousal support that previously allowed a spouse in marriages lasting 17 years or more to receive indefinite financial support. Factors Considered for Alimony The court examines: The length of the marriage (short-term, moderate-term, or long-term). The standard of living is established during the marriage. Each spouse’s age, physical and emotional health, and financial resources. Contributions to the marriage, including as a homemaker or caregiver. The earning capacity, education, and employability of both spouses. If the wife is a lower-income earner or a stay-at-home parent, she may be entitled to alimony as a Florida resident to ensure financial stability. Child Custody and Support Parental Responsibility and Timesharing Florida courts prioritize the best interests of the child when determining parental responsibility and timesharing. Both parents are generally encouraged to share custody unless one parent is deemed unfit due to abuse, neglect, or other harmful behavior. For a wife, this means: Equal opportunity to share custody unless extenuating circumstances apply. A parenting plan that outlines timesharing schedules, decision-making authority, and responsibilities. Child Support The court uses a standard formula to calculate child support based on: Each parent’s income. The number of children involved. The timesharing arrangement. Additional expenses, such as health insurance, education, and daycare. Even if the wife earns less than her ex-spouse, she may be entitled to receive child support to ensure the children’s needs are met. (Note: Florida divorce cases are handled in the state’s family courts and not in a tribunal.) Legal Implications of Misconduct or Fault Although Florida is a no-fault divorce state, certain behaviors can still influence the court’s decisions: Adultery: While not grounds for divorce, adultery may impact the distribution of assets or alimony if it leads to the misuse of marital funds. Domestic Violence: A history of abuse may result in the judge granting sole custody to the non-offending spouse and awarding additional financial support. FAQs on a Wife’s Entitlements in a Divorce in Florida Can a wife claim an interest in a business that the husband started before the marriage? Yes, but only under specific circumstances. If the business grew in value during the marriage due to the efforts of either spouse or the use of marital funds, the wife may claim a share of the increased value. This is considered a marital asset subject to equitable distribution, even if the business itself was started before the marriage. Is a wife entitled to compensation for managing household duties during the marriage? While Florida law does not provide direct compensation for household duties, the court may consider the wife's contributions as a homemaker when determining equitable distribution of assets, alimony awards, and timesharing arrangements. These contributions are seen as valuable non-monetary efforts that supported the marriage and may factor into financial decisions. Can a wife keep her inheritance in a divorce? A wife’s inheritance is generally considered non-marital property and is not subject to equitable distribution, provided it is kept separate from marital assets. However, suppose the inheritance was co-mingled with marital funds (e.g., deposited into a joint account or used for marital expenses). In that case, it may be classified as marital property and divided during the dissolution of marriage. Does a wife have a claim to the husband's retirement accounts? Yes, but only to the portion of retirement accounts accrued during the marriage. Florida law considers retirement benefits earned during the marriage as marital property. However, any retirement funds earned before the marriage or after separation are typically regarded as non-marital property and are excluded from division.  Can a wife seek reimbursement for money spent supporting the husband’s education or career development? Yes, Florida courts may award reimbursement in cases where one spouse financially supported the other’s education, training, or career advancement during the marriage. This can include tuition payments, living expenses, or other financial contributions that increase the husband's earning potential. The wife may be entitled to a greater share of marital assets or alimony as compensation. Is a wife entitled to the marital home even if her name is not on the deed? Possibly, yes. If the marital home was purchased or significantly maintained with marital funds, it is generally considered marital property, even if only one spouse's name is on the deed. The wife may be awarded the marital home temporarily (e.g., for timesharing purposes with children) or receive her share of its value during equitable distribution. Your lawyer can provide a precise answer based on the facts of your case. Can a wife keep gifts given to her by the husband during the marriage? Typically, gifts exchanged between spouses during the marriage are considered marital property, especially if they were purchased with marital funds. However, personal gifts that were explicitly intended (with clear instructions) to be separate property may be retained by the wife, depending on the circumstances.  Can a wife receive compensation for health insurance coverage after the divorce? Florida courts do not require one spouse to continue providing health insurance for the other after divorce. However, the wife may request additional alimony to cover the cost of obtaining her health insurance, primarily if she relied on the husband’s coverage during the marriage. The legal position may vary depending on the situation. Does a wife have a right to her husband’s professional licenses or degrees earned during the marriage? Florida courts do not treat professional licenses or degrees as marital property. However, as a wife, you may receive alimony or a larger share of marital assets if you have supported the husband financially or otherwise during his pursuit of education or professional licensing. What happens if the husband attempts to transfer or sell marital assets before the divorce is finalized? Florida law imposes an automatic injunction when a divorce is filed, preventing either spouse from selling, transferring, or depleting marital assets without court approval. If the husband violates this rule, the wife can request legal remedies through her lawyer, including compensation or sanctions against the husband. Legal Help is Here from Our Top-Rated Florida Divorce Lawyers For over three decades, Veliz Katz Law has been a trusted legal advocate for individuals and families throughout Central Florida. With over 60 years of combined legal experience, Orlando, FL family law attorneys David Veliz and Kavita Sookrajh provide compassionate, personalized representation to meet your unique case needs. With a proven track record and the highest reputation since 1994, we are committed to achieving the best possible outcomes for our clients. To schedule your free consultation, call us at 407-603-3982 or contact us online.

Advantage Attorney

When it comes to parenting after a divorce or separation, the state of Florida prioritizes the well-being of children by fostering arrangements that encourage both parents to remain actively involved in their lives. However, Florida has moved away from the term "custody" and now uses terms like "timesharing" and "shared parental responsibility." These modernized legal concepts reflect Florida’s commitment to cooperative parenting. Considering the high emotional stakes involved in timesharing cases, you should get legal representation from a dedicated Orlando, FL child custody lawyer. Florida’s Shift from Custody to Timesharing In 2008, Florida overhauled its family law terminology, removing the word "custody" to encourage less combative litigation between parents. Today, the legal framework revolves around: Timesharing: Refers to the schedule detailing when a child spends time with each parent. This includes day-to-day arrangements, holidays, school breaks, and special occasions. Shared Parental Responsibility: Refers to the legal right and obligation of both parents to make significant decisions for the child, including those related to education, healthcare, and religion. How Timesharing and Shared Parental Responsibility Work Timesharing Agreements Florida law mandates that divorcing or separated parents establish a Parenting Plan, a comprehensive document that outlines how they will share responsibilities for raising their child. A key component of the Parenting Plan is the timesharing schedule, which specifies when the child will spend time with each parent. The overarching goal of these agreements is to minimize disruption to the child’s routine while maximizing their ability to maintain meaningful relationships with both parents, provided it aligns with the child’s best interests. Common Timesharing Arrangements Timesharing schedules vary widely to accommodate the unique needs of each family. Here are some standard arrangements: Weekly Arrangement In this schedule, the child alternates between parents weekly, typically transitioning every Sunday or Monday. Pros: Simple to follow and easy to plan. Fewer transitions can reduce stress for the child. Cons: Younger children may struggle with spending an entire week away from one parent. One parent may miss essential milestones or events during their "off week." Two-Week Schedule In this arrangement, the child spends two consecutive weeks with one parent before switching to the other. Pros: Allows each parent to have uninterrupted, extended time with the child. It works well for families with older children who can handle longer periods away from each parent. Cons: It can be challenging for younger children or for parents who prefer more frequent interaction. Scheduling extracurricular activities or school-related events may become more complex. 4-3-3-4 Schedule This arrangement is designed for parents who want a near-equal split of time while allowing for slightly longer stretches with each parent. The child spends four days with Parent A, three days with Parent B, then reverses the pattern the following week (three days with Parent A, four days with Parent B). Pros: Maintains balance while avoiding long separations from either parent. It works well for school-aged children as it allows for a predictable routine. Cons: Frequent transitions may be challenging for some children, especially younger ones. Close communication between parents is required to coordinate the schedule. 2-3-2 Schedule This schedule is popular for families seeking frequent interaction with both parents. The child spends two days with Parent A, three days with Parent B, and two days back with Parent A, alternating the pattern the following week. Pros: Ensures the child doesn’t go long without seeing either parent. Works well for young children who benefit from frequent contact with both parents. Cons: The higher frequency of transitions may be disruptive for some children. Coordination and communication between parents are essential. 2-2-5-5 Schedule In this arrangement, the child spends two days with Parent A, two days with Parent B, and then five days with each parent, alternating weekly. Pros: Balances frequent interaction with more extended, more stable periods. Allows both parents to have a weekend with the child every other week. Cons: It may be more complex to track and implement compared to more straightforward schedules. Transitions still occur regularly, which can be challenging for some children. Customizing the Timesharing Schedule The best timesharing arrangement depends on each family's specific circumstances, including the child’s age, school schedule, and the distance between the parents’ residences. Parents who can collaborate and create a mutually agreeable plan often find that their child adjusts more quickly to the new routine. However, if parents cannot agree, the court will intervene and establish a parenting plan that it believes serves the child’s best interests. Ultimately, a well-thought-out time-sharing schedule can provide stability and consistency, ensuring the child has a strong bond with both parents while meeting their emotional and developmental needs. Shared Parental Responsibility Florida courts typically favor shared parental responsibility because it encourages both parents to participate in significant decisions affecting the child’s welfare. In rare cases, the court may award sole parental responsibility to one parent if shared responsibility would endanger the child’s safety or emotional health. This may also impact a co-parent's monthly child support obligation (child support guidelines schedule). Court Decisions on Parenting Plans: The Rebuttable Presumption of Equal Timesharing When parents cannot reach an agreement on their own, the court steps in to determine the terms of the parenting plan. In these circumstances, a skilled Orlando, FL divorce lawyer can help protect your rights and your child’s best interests. From July 1, 2023, Florida law has established a rebuttable presumption that equal time-sharing between parents is in the best interest of the child. This presumption reflects the state’s commitment to fostering strong relationships between children and both parents. However, a parent can challenge this presumption by presenting evidence that equal timesharing would not serve the child’s best interests. The burden of proof lies with the parent opposing equal timesharing, who must demonstrate factors such as: A history of domestic violence or abuse. Parental neglect or unfitness. Circumstances that would jeopardize the child’s emotional or physical well-being. Ultimately, the court evaluates all relevant evidence to ensure the parenting plan provides the child with a stable, nurturing environment. Factors Courts Consider When Determining Timesharing When parents cannot agree on timesharing schedules or shared parental responsibility, the court steps in to decide. Florida law mandates that judges evaluate the "best interests of the child" by considering several factors under Florida Statute §61.13, including: The child’s relationship with each parent The court examines the extent of each parent’s involvement in the child’s life, including past participation in caregiving and decision-making. The child’s needs Emotional, educational, developmental, and physical needs are carefully assessed. Parental cooperation Courts look for a willingness and ability to encourage a continuing relationship between the child and the other parent. Moral fitness and behavior The court considers each parent's behavior, including substance abuse, criminal activity, or any other factor that could affect the child’s safety or development. Parent’s mental and physical health A parent’s capacity to care for the child, based on mental and physical fitness, is critical. Stability of home environment Courts favor arrangements that provide continuity in the child’s schooling, community, and family life. Child’s preference If the child is of sufficient maturity, their preferences may be taken into account. Evidence of abuse or neglect Any history of domestic violence, child abuse, or neglect weighs heavily against a parent. Modifying Timesharing Agreements Life circumstances can change, necessitating a modification of timesharing, parental responsibility agreements, or the child’s primary residence. In Florida, improvements can be made if: There is a substantial, material, and unanticipated change in circumstances. The change is in the best interests of the child. Common reasons for modifications include relocation, changes in a parent’s work schedule, or concerns about the child’s safety. Parental Rights in Florida Rights of Both Parents Both parents have the right to participate in their child’s upbringing unless the court determines otherwise. Neither parent is given preference based on gender. Florida law ensures an equitable approach to timesharing and parental responsibility. Rights to Access Information Under Florida Statute §61.13(2)(b), both parents have the right to access the child’s medical, educational, and extracurricular records. Relocation Restrictions If a parent wishes to relocate more than 50 miles away for more than 60 days, they must seek approval from the other parent or the court. Enforcement of Parenting Plans in Florida Failure to comply with a court-ordered parenting plan can result in legal penalties, including: Fines Makeup timesharing for the other parent Modification of the parenting plan The Child’s Preference In Florida, a child’s preference can be considered when deciding the terms of a parenting plan, but it is not the only factor the court evaluates. Judges weigh many aspects to determine what is in the child’s best interest. Children typically do not attend custody hearings unless the court approves it beforehand.  If you want your child to share their thoughts with the court, you will need to formally request this by scheduling a hearing. If a minor child is permitted to testify, it usually happens in what is called an in-camera examination. This is a private meeting in the judge’s office without the parents, attorneys, or public present.  Where to File Your Custody Case in Florida? Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to decide where a custody case should be filed. This law prevents parents from moving to another state to avoid Florida’s custody rules and ensures that Florida retains control of the case until it officially transfers jurisdiction. Under the UCCJEA, the child’s home state has jurisdiction over the case. The home state is typically where the child has lived for at least six months before the case is filed. If no state meets this six-month requirement, the court determines which state has the closest connection to the child and assigns jurisdiction there. Once a case is filed in the home state, no other state can override or modify Florida’s orders unless Florida releases its jurisdiction. Even if the child moves to another state and lives there for more than six months, Florida will keep jurisdiction as long as one parent continues to live in the state. This is called continuing exclusive jurisdiction. Florida retains authority over custody matters until it officially relinquishes control. The Role of the Guardian Ad Litem A guardian ad litem is a person appointed by the court, either automatically or by request, to represent the child’s best interests in a custody case. Unlike attorneys for the parents, a guardian ad litem focuses solely on what is best for the child, not on advocating for either parent’s position. The guardian ad litem investigates the situation, including interviewing parents, the child, and others involved, and reviews relevant records. They then provide a report to the court with recommendations to ensure that the custody arrangement is in the child’s best interest.  Get Personalized Representation from Our Experienced Florida Child Custody Attorneys At Veliz Katz Law, we bring decades of experience, a proven track record, and a client-focused approach to help families overcome the challenges of child custody disputes. Here’s what sets us apart: Over 60 Years of Combined Experience: Our attorneys, David Veliz, and Norberto Katz, have dedicated their careers to family law, offering deep legal knowledge and strategic insights. We have been proudly serving families in Central Florida and surrounding areas since 1994. Compassionate Legal Support: Child custody matters can be emotionally taxing. We understand the personal stakes involved and provide empathetic, clear, and supportive guidance every step of the way so you can focus on your family. Personalized Strategies for Unique Cases: No two families are alike, and neither are their legal needs. We take the time to understand your specific circumstances and develop a customized plan to pursue your desired outcome. Open and Clear Communication: Whether it is a custody case or a case where you have to receive or pay child support, we keep you informed at every step, ensuring you understand the process and feel confident in your decisions. When your child’s future is on the line, trust Veliz Katz Law to provide the skilled and personalized representation you need. To schedule your free consultation, call us at 407-410-4146 or contact us online. 

Advantage Attorney

When it comes to estate planning in Florida, individuals often wonder whether they should create a trust, a will, or both. While both are essential tools to ensure your assets are distributed according to your wishes, trusts and wills serve different purposes and function in distinct ways.  An experienced Florida trust and will lawyer can explain the difference between trust and will and help you make informed decisions about how to plan your estate effectively. Definition and Purpose What Is a Will? A will, also known as a "last will and testament," is a legal document that specifies how your assets will be distributed after your death. It also allows you to name an executor who will oversee the administration of your estate and carry out your wishes. In addition, a will lets you designate guardians for minor children. What Is a Trust? A trust is a legal arrangement in which you, as the grantor, transfer ownership of your assets to a trustee, who manages them for your chosen beneficiaries. Trusts can be established during your lifetime (living trusts) or upon your death (testamentary trusts). They offer more control over how and when your assets are distributed. Key Differences Between a Trust and a Will Probate Process Will: A will must go through probate, a court-supervised process in which a judge validates the will, pays off debts and taxes, and oversees the distribution of assets. Probate in Florida can be time-consuming and expensive, especially for large estates. Trust: Assets in a trust avoid probate, allowing for quicker and more private distribution to beneficiaries. This can save time, reduce costs, and keep your financial matters out of the public record. Privacy Will: Once a will is submitted for probate, it becomes a public document. Anyone can view its contents, including the distribution of assets and the identities of beneficiaries. Trust: A revocable or irrevocable trust remains private. Only the trustee and beneficiaries are aware of its terms and contents, ensuring confidentiality. Timing of Asset Distribution Will: Assets specified in a will are distributed only after probate is completed, which can take months or even years in Florida. Trust: Assets held in a trust can be distributed immediately upon the grantor’s death or according to a schedule outlined in the trust agreement. Control During Lifetime Will: A will takes effect only after your death. It does not provide any control or management of your assets while you’re alive. Trust: A living trust (revocable living trust) allows you to manage and control your assets during your lifetime. You can also make changes to the trust or revoke it entirely if your circumstances change. Costs to Establish and Maintain Will: Creating a will is typically less expensive and simpler than establishing a trust. However, the probate process can lead to significant costs for your heirs. Trust: Setting up a trust may involve higher upfront costs and complexity, as it requires transferring assets into the trust’s name. However, it can save your beneficiaries money in the long run by avoiding probate. Guardianship for Minor Children Will: A will allows you to name a guardian for minor children, ensuring their care is handled according to your wishes. Trust: A trust does not address guardianship for minor children. This must be outlined in a will. Asset Management in Incapacity Will: A will does not provide any protection or management of your assets if you become incapacitated. Trust: A living trust can include provisions for managing your assets if you become incapacitated, with a successor trustee stepping in. Advantages and Limitations Advantages of a Will Simpler and less expensive to create Allows you to name guardians for minor children Can include instructions for assets not transferred to a trust Limitations of a Will Requires probate, which can be costly and time-consuming Becomes a public document during probate Does not provide for asset management during your lifetime or in case of incapacity Advantages of a Trust Avoids probate, saving time and money Provides privacy for your estate Offers control over how and when assets are distributed Can reduce estate taxes Limitations of a Trust Higher upfront costs to establish Requires effort to transfer assets into the trust Does not allow you to name guardians for minor children When Should You Use a Trust or a Will? Deciding whether to use a trust, a will, or both depends on your unique estate planning situation, your financial goals, and your priorities for distributing assets to family members. A comprehensive estate plan can also include specific instructions for funeral arrangements.  A Will May Be Best If: You Have a Relatively Simple Estate: If your assets are straightforward—such as a single home, a vehicle, and a bank account—a will is often sufficient to direct their distribution. You Want to Name a Guardian for Minor Children: A will is essential if you need to designate a legal guardian to care for your children in the event of your passing. This is a critical provision that a trust alone cannot provide. You’re Not Concerned About Probate or Privacy: If you’re not bothered by the probate process, or if the public nature of probate court records does not concern you, a will may meet your needs without additional complexities. A Trust May Be Best If: You Have a Larger or More Complex Estate: For individuals with significant assets, such as business interests, multiple real estate holdings, or overseas assets, a trust provides more advanced options for managing and distributing wealth. You Want to Avoid Probate: Assets held in a trust bypass the probate process, allowing heirs to receive their inheritance more quickly and with fewer legal fees. This is particularly important if you own property in multiple states, as it avoids the need for probate proceedings in each jurisdiction. You Value Privacy and Quicker Distribution of Assets: Trusts are not subject to public probate proceedings, ensuring that your family’s financial matters remain private. Moreover, the trust administration process is typically faster than probate. You Want to Provide for Minor Children or Beneficiaries Over Time: Trusts allow you to set conditions for distributing funds, such as providing a steady income stream over time or delaying large payments until beneficiaries reach a certain age. You’re Concerned About Incapacity and Want a Plan for Asset Management: Unlike a will, a trust allows you to plan for the management of your assets if you become incapacitated. A trustee can step in and manage the trust property on your behalf. Using Both a Will and a Trust For many Floridians, the most complete estate plan incorporates both a trust and a will. This dual approach ensures that all aspects of the estate are properly managed and distributed. A pour-over will is a type of will often used alongside a trust. Its primary purpose is to transfer any assets that were not placed into the trust during the person’s lifetime into the trust at the time of death. This ensures that no assets are unintentionally left out of the trust, providing a safety net for the estate. Combining a trust and a will provides flexibility, efficiency, and peace of mind, ensuring that your wishes are honored while minimizing legal complications for your loved ones. Legal Considerations in Florida Homestead Property Under Florida state law, special rules apply to homestead property, which may impact whether a will or trust is better suited for your estate. Homestead laws protect a primary residence from creditors and limit how it can be transferred upon death. Consulting an attorney is essential to navigate these laws. Tax Implications Florida does not have a state inheritance or estate tax, but federal estate taxes may apply to larger estates. Trusts can be structured to minimize tax liabilities or avoid estate taxes, making them a valuable tool for high-net-worth individuals. Avoiding Legal Challenges Wills and trusts can both be contested under Florida law, typically on grounds such as undue influence, fraud, lack of capacity, or joint ownership of a person’s assets. Proper legal guidance is vital to ensure your documents are drafted and executed correctly. Get Legal Assistance from Our Florida Trust and Will Lawyers at Veliz Katz Law Both wills and trusts are important estate planning tools, but they serve different purposes and offer unique advantages. Clients in Central Florida choose our dedicated estate planning attorneys at Veliz Katz Law for these reasons and more: Decades of Experience: With over 60 years of combined experience, attorneys David Veliz and Norberto Katz bring unmatched knowledge to estate planning. Proven Record and Reputation: Proudly serving Central Florida families since 1994, we have built a legacy of trust and success in estate law. Comprehensive Legal Services: From crafting bespoke wills to creating complex trusts, we address all aspects of estate planning for our clients. Client-Centered Approach: We prioritize open communication, ensuring you are informed and satisfied throughout the process. Compassionate Representation: Our team is committed to helping families navigate estate planning with care, understanding, and personalized strategies. At Veliz Katz Law, we utilize our legal skills and experience to deliver thoughtful, effective solutions for all your estate planning needs. Let us guide you in safeguarding your legacy and protecting your loved ones’ futures. To schedule your free consultation, call us at 407-410-4146 or contact us online.

Advantage Attorney

A Guide to Navigating Your Divorce in Florida Divorce, known as the “dissolution of marriage” in Florida, can be a complex process. Understanding the steps can help reduce stress and ensure you’re prepared for what’s ahead. Florida is a no-fault state, meaning couples don’t need to prove wrongdoing; you only need to show that the marriage is “irretrievably broken.” Here’s an overview of the key steps in the Florida divorce process: 1. Residency Requirements To file for divorce, at least one spouse must have lived in Florida for at least six months before filing. 2. Filing for Divorce The spouse initiating the divorce (petitioner) files a Petition for Dissolution of Marriage. The other spouse (respondent) must be served with the petition and typically has 20 days to respond. 3. Temporary Orders If needed, either spouse can request temporary orders for things like child custody, spousal support, or use of the marital home during the divorce process. 4. Financial Disclosures Both spouses must provide full financial disclosure by completing a Family Law Financial Affidavit to ensure fair division of assets, debts, and decisions on alimony and child support. 5. Negotiation or Mediation Florida encourages couples to resolve disputes through mediation. A mediator helps couples negotiate terms such as asset division, child custody, and support without going to trial. Successful mediation results in a marital settlement agreement. 6. Uncontested vs. Contested Divorce Uncontested Divorce: Both spouses agree on all terms. The process is quicker and usually less costly. Contested Divorce: If spouses can’t agree, a judge will make decisions on unresolved issues after hearings or a trial, making the process longer and more expensive. 7. Finalizing the Divorce Once the terms are agreed upon or ruled on by a judge, the divorce is finalized with a Final Judgment of Dissolution of Marriage. 8. Post-Divorce Issues After the divorce, life changes may require modifications to child custody, child support, or alimony. Either party can request changes based on significant changes in circumstances. Conclusion: Navigating Divorce in Florida Divorce can be challenging, but having an experienced attorney to guide you through the legal process ensures your rights are protected. Whether your divorce is uncontested or contested, having professional legal support is key to navigating the process smoothly. If you’re considering divorce or have questions about the process, contact Veliz Katz Law for a consultation to see how we can assist you.