Our Legal Blog

Advantage Attorney

Divorce is a significant life event that can present emotional challenges, but for many individuals, it marks the beginning of a new chapter, including the possibility of remarriage. Florida does not have a mandatory waiting period for remarriage after a divorce is finalized. However, specific legal and practical considerations may affect when one can remarry.  Speak to your divorce lawyer to understand your rights as well as the legal aspects of remarriage in Florida.   Is There a Waiting Period to Remarry After a Florida Divorce? Unlike some states that impose a mandatory waiting period before remarriage, Florida law does not require divorced individuals to wait before marrying again. Once a judge signs the final judgment of dissolution of marriage, your divorce is legally complete, and you are free to remarry immediately. Key Considerations Finalization of Divorce: You must wait until your divorce decree is officially signed and entered into the court records. If any disputes remain unresolved, the divorce is not considered final. Marriage License Requirements: Florida law requires a waiting period for some residents to obtain a marriage license, which can affect how soon they can legally remarry. Florida's Marriage License Waiting Period and Requirements If you plan to remarry in Florida, you must comply with the state's marriage license laws. Florida imposes a three-day waiting period for residents who do not complete a state-approved premarital preparation course. However, there is no waiting period for non-Florida residents. Marriage License Requirements in Florida Both parties must provide valid identification (e.g., driver's license, passport). If either party was previously married, they must disclose the divorce date. If the divorce was finalized within 30 days, you may be required to provide a copy of the divorce decree. Florida residents who do not complete a premarital counseling course must wait three days before the marriage license becomes valid. Thus, while there is no legal waiting period to remarry after divorce, Florida law may require a brief delay in obtaining a marriage license. Potential Legal Implications to Consider When Remarrying After Divorce While you are legally free to remarry as soon as your divorce is finalized, specific legal issues can arise if matters related to your prior marriage remain unresolved. Alimony Modifications If you are receiving alimony, remarrying can significantly impact your alimony payments from the former spouse. Under Florida Statute § 61.08, most forms of alimony (except lump sum or rehabilitative alimony in some cases) terminate upon remarriage of the receiving spouse. If you are paying alimony, remarriage does not automatically affect your alimony agreement unless your financial situation changes substantially. Child Custody and Support Considerations Remarriage does not directly affect child custody agreements. However, if your new spouse significantly impacts the child’s living arrangements, your ex-spouse may petition the court for modifications. Child support payments remain unchanged by remarriage unless the paying spouse petitions the court based on substantial financial changes. Property and Financial Obligations If there were unresolved property distribution issues in your divorce, remarriage might complicate asset division. Prenuptial agreements for your new marriage may be advisable to protect your financial interests. Can a Pending Appeal or Motion Affect Remarriage? If your divorce is being appealed or a motion for reconsideration has been filed, you should consult a Orlando, FL divorce attorney before remarrying. While an appeal does not automatically invalidate a final divorce decree related to the previous marriage, complications could arise, especially in high-asset divorces or cases involving ongoing financial disputes. Timeline for Finalizing a Divorce Decree in Florida Uncontested Divorce: If both spouses agree on all terms (property division, alimony, child custody, etc.), the divorce settlement can be completed in as little as four to six weeks after filing. Contested Divorce: If spouses disagree on key issues, litigation may be necessary, extending the divorce process to several months or even years, depending on the complexity of the case. Mandatory Waiting Period: Florida has no mandatory waiting period after divorce finalization before remarriage is allowed. Once the judge signs the final judgment and it is entered into court records, the divorce is legally complete. Difference Between Civil and Religious Remarriage Timelines Civil Remarriage: Florida law permits individuals to remarry immediately after the final divorce decree is issued, provided they obtain a valid marriage license. Religious Remarriage: Some religious institutions impose waiting periods or additional requirements before allowing remarriage. This may include annulment processes or obtaining permission from religious authorities. How Our Florida Family Law Attorneys Will Assist You With the Process of Remarriage  Remarrying after a divorce is an exciting milestone, but it also comes with legal considerations that must be addressed. At Veliz Katz Law, our experienced Orlando, FL family law attorneys will guide you through every step to ensure a smooth transition into your new marriage.  We provide comprehensive support for your needs, whether it is obtaining the necessary legal documentation, addressing financial concerns, or protecting your assets. Ensure Your Divorce Decree is Finalized Before entering a new marriage, it is crucial to confirm that your previous divorce has been fully processed and finalized. Our attorneys will: Verify Divorce Finalization: Ensure your divorce judgment has been signed by a judge and officially recorded. Obtain Certified Copies of the Divorce Decree: These may be required when applying for a marriage license in Florida or when dealing with financial institutions. Address Any Outstanding Divorce-Related Issues: If there are unresolved matters, such as child support modifications or alimony adjustments, we will help you resolve them before remarriage. Assist with Marriage License Applications In Florida, obtaining a marriage license is a straightforward but essential step. Our legal team will: Review Marriage License Requirements: We ensure you meet Florida’s legal requirements, such as age and identification documentation. Explain the Waiting Period: Florida requires a three-day waiting period unless both parties complete a premarital preparation course. Provide Guidance for Out-of-State or International Marriages: If you are considering remarrying outside Florida, we will clarify any jurisdictional issues and ensure your marriage is legally recognized. Protect Your Financial and Legal Interests  Draft a Prenuptial Agreement A prenuptial agreement is a valuable tool that protects both spouses and prevents financial disputes in case of separation or divorce. Our attorneys will: Customize Prenups to Your Needs: We tailor agreements to your unique financial situation, ensuring they align with Florida’s marital property laws. Protect Business and Personal Assets: We will safeguard your business, real estate, or other high-value assets. Address Debts and Financial Responsibilities: Clarify how pre-existing debts will be handled in the new marriage. Ensure Validity and Enforceability: We will draft a legally sound prenuptial agreement that can withstand legal scrutiny if ever challenged. Modify Existing Alimony or Child Support Orders If you are receiving or paying alimony or child support from a previous marriage, remarriage may impact your financial obligations. Our attorneys can: Assess Whether Alimony Can Be Terminated or Reduced: Under Florida law, certain types of alimony (e.g., bridge-the-gap or rehabilitative) may be modified or terminated upon remarriage. Ensure Child Support Orders Remain Fair and Compliant: While child support is generally unaffected by remarriage, we will ensure any necessary modifications are correctly handled. Advocate for Equitable Adjustments: If your financial situation changes significantly due to remarriage, we will petition the court for necessary modifications. Estate Planning and Inheritance Considerations Update Wills, Trusts, and Beneficiaries After remarriage, updating your estate plan is essential to ensure your new spouse and family are adequately provided for. Our attorneys will: Revise Your Will or Trust: Ensure your estate planning documents reflect your new marital status and intentions. Update Beneficiary Designations: Review and modify beneficiaries on life insurance policies, retirement accounts, and financial accounts. Establish Trusts for Children from a Previous Marriage: If you have children from a prior relationship, we will ensure their inheritance rights are protected. Ensure Compliance with Florida Probate Laws: We will structure your estate to minimize future legal disputes and maximize financial security for your loved ones. Legal Support for Blended Families Assist with Step-Parent Adoption and Parental Rights If your remarriage involves stepchildren, you may pursue legal adoption to establish parental rights. Our attorneys can: Guide You Through the Step-Parent Adoption Process: We handle all legal aspects, including filing petitions and obtaining necessary consents. Secure Legal Guardianship Rights: If adoption is not an option, we can help you obtain legal guardianship. Ensure Custody and Visitation Rights are Protected: We will work to create a legal framework that supports the best interests of the children involved. Resolve Co-Parenting and Custody Issues Remarriage can sometimes create co-parenting challenges with an ex-spouse. Our legal team will: Negotiate Custody and Visitation Disputes: Help facilitate communication and negotiation between co-parents. Ensure Parenting Plans Remain Effective: Modify parenting agreements if necessary to reflect changes in living situations. Advocate for Stability and Continuity for Children: We prioritize the child’s well-being in any custody-related legal proceedings. Legal Help is Here from Trusted Florida Family Law Attorneys At Veliz Katz Law, we understand that remarriage requires careful legal planning. Our experienced Florida family law and divorce lawyer can provide you with legal strategies personalized to your unique circumstances. To schedule your free consultation, call us at 407-634-1835 or contact us online.

Advantage Attorney

When a couple goes through a divorce in Florida, dividing assets can become complex, especially when a limited liability company (LLC) is involved. Whether the LLC is jointly owned or operated by one spouse, its classification as a marital or non-marital asset determines how it will be divided. To protect your interests, you should hire a divorce attorney with experience in handling the division of business assets.  Marital vs. Non-Marital Property in a Florida Divorce Florida follows equitable distribution laws, which means that marital property (including both personal and business assets) is divided fairly but not necessarily equally. Before dividing an LLC, the court must determine whether the business interest is considered marital property. Non-Marital Property: If an LLC was formed before the marriage and was not financially supported or enhanced by the other spouse, it is generally considered non-marital property and not subject to division. Marital Property: If the LLC was established during the marriage or if the non-owner spouse contributed to its growth—whether financially, through labor, or strategic involvement—it may be classified as a marital asset. Partial Marital Interest: If an LLC was founded before marriage but increased in value due to joint marital efforts or shared finances, the increase in value might be subject to equitable distribution. How Florida Courts Divide an LLC in Divorce The following are common ways in which a Florida divorce court handles LLCs in divorce proceedings: Awarding the Business to One Spouse In many cases, one spouse is awarded full ownership of the LLC while the other spouse is compensated through other marital assets. This method avoids business disruptions and ensures continuity in operations. The court may award the business to the spouse who primarily operates or manages it. The other spouse may receive additional assets, such as real estate, retirement accounts, or cash, to offset their share of the LLC’s value. Selling the LLC and Dividing the Proceeds If both spouses have an equal or substantial interest in the LLC, selling the business and splitting the proceeds may be an option. This is usually considered when: Neither spouse can afford to buy out the other’s interest. The business is no longer viable or profitable post-divorce. Both parties agree that selling is the most practical resolution. This option allows for a clean break, but it may not be feasible if the business is challenging to sell or if it generates significant ongoing income. Co-Ownership After Divorce In rare cases, ex-spouses may choose to continue co-owning the LLC after divorce, especially if the business is highly profitable and both parties play an active role. However, this arrangement requires: A detailed operating agreement outlining roles, responsibilities, and profit distribution is vital. Awareness that co-ownership can be a risky option if conflicts arise, potentially leading to future litigation. Valuing the LLC for a Buyout If one spouse wishes to keep the LLC, the court will determine its fair market value to facilitate a buyout. This process involves: Hiring business valuation experts to assess the LLC’s assets, revenue, liabilities, and market conditions. Using methods such as income-based valuation (projecting future earnings) or asset-based valuation (calculating the value of physical and financial assets). Negotiating a structured buyout where the purchasing spouse pays the other over time instead of a lump sum. Challenges in Dividing an LLC During Divorce Determining True Business Value Valuing a family business or an LLC during the divorce process can be complex, especially if financial records are unclear or if the owner-spouse attempts to underreport income. Courts may enlist forensic accountants to investigate financial statements, cash flow, and hidden assets. Protecting Business Continuity Dividing an LLC can disrupt operations, especially if the divorce is contentious. Business owners often need legal strategies to protect the LLC’s stability, such as negotiating settlement terms that allow the company to continue operating efficiently. Pre-Existing Business Agreements Some LLCs have operating agreements or buy-sell agreements that dictate what happens in the event of a divorce. These agreements may include clauses that: Restrict ownership transfer to non-members. Require the LLC or other members to buy out the divorcing spouse’s interest. Define a predetermined valuation method for ownership stakes. Such agreements can significantly impact how an LLC is handled during a divorce. How to Protect an LLC in a Florida Divorce Business owners can take proactive measures to safeguard their LLC from complications in a divorce: Drafting a Prenuptial or Postnuptial Agreement A well-drafted prenuptial or postnuptial agreement can specify that the LLC remains separate property, regardless of future marital contributions. This can prevent disputes over ownership and valuation. Structuring the LLC with Protective Provisions An LLC’s operating agreement can include protective clauses that: Limit ownership transfers to spouses. Approval from other members is required before transferring ownership. Set a fixed valuation formula for ownership interests. Keeping Business and Personal Finances Separate Mixing personal and business finances can make it easier for a spouse to claim marital interest in an LLC. Business owners should: Maintain separate business bank accounts. Avoid using matrimonial funds to support the business. Keep detailed financial records to prove the LLC’s status as a separate property. Using a Trust to Hold Business Interests Placing an LLC interest in a trust can shield it from equitable distribution by legally separating ownership from the individual spouse. However, this strategy must be implemented carefully and well in advance of a divorce. How Our Florida Divorce Attorneys Will Protect Your Business and Financial Interests When an LLC is Involved  At Veliz Katz Law, we understand that your business is more than just an asset—it represents years of hard work, investment, and planning. Our experienced Orlando, FL divorce attorneys will take strategic steps to safeguard your financial interests and ensure a fair resolution when an LLC is part of the marital estate. Accurate Business Valuation to Prevent Unfair Division If the LLC is deemed marital property, a fair and accurate valuation is essential to ensure equitable distribution. At Veliz Katz Law, we work with forensic accountants, business valuation experts, and financial analysts to assess the true worth of your business. Income-Based Valuation: Evaluating past and projected earnings to determine the LLC’s financial health. Asset-Based Valuation: Assessing tangible and intangible assets, including equipment, intellectual property, and goodwill. Market-Based Valuation: Comparing the business to similar LLCs in the industry to establish fair market value. Develop a Strategy to Retain Ownership If you wish to retain full ownership of the LLC after the divorce, we will negotiate terms that allow you to do so while fairly compensating your spouse. Possible solutions include: Buyout Agreements: You may offer your spouse a lump-sum payment or structured payments over time in exchange for their share of the LLC. Offsetting Assets: Instead of dividing the LLC, we can negotiate an asset trade where your spouse receives other valuable assets, such as real estate, retirement funds, or investments. Revenue Sharing Agreements: In some cases, if a complete buyout is not feasible, structured profit-sharing agreements can be negotiated to provide the non-owner spouse with a fair share of business income. Enforce Operating Agreements and Business Protections Many LLCs have operating agreements that outline ownership rights, restrictions, and succession plans. If your business has such an agreement, we will enforce its terms to protect your interests. Standard protective provisions include: Transfer Restrictions: Preventing the transfer of ownership shares without the approval of other LLC members. Preemptive Buyout Rights: Allowing existing members to buy out the divorcing spouse’s interest before outside ownership is introduced. Fixed Valuation Methods: Establishing predetermined formulas to calculate the LLC’s value in the event of a divorce. Prevent Business Disruptions During Divorce Divorces can be stressful, but they should not disrupt business operations. Our attorneys take proactive measures to prevent legal disputes from interfering with your company’s stability, such as: Negotiating Confidentiality Agreements: Protecting sensitive business information from being used against you or exposed in legal proceedings. Minimizing Litigation Risks: We seek amicable solutions through mediation or collaborative divorce whenever possible to prevent lengthy court battles that could harm your business. Structuring Legal Protections: We can help establish protective legal entities, such as trusts, to shield your business interests from being unnecessarily entangled in the divorce. Legal Guidance on Post-Divorce Business Operations Even after the divorce is finalized, certain legal and financial adjustments may be necessary to protect your business. Our team at Veliz Katz Law will assist with the following: Updating Business Documents: Ensuring ownership records, tax filings, and business agreements reflect the new structure. Creating New Operating Agreements: If your spouse was involved in the business, a revised operating agreement may be needed to reflect new leadership or management roles. Establishing Future Asset Protection Measures: Implement strategies to safeguard your LLC from future legal challenges, such as prenuptial agreements for future marriages or restructuring ownership. Protect Your Business with Our Florida Divorce Attorneys When an LLC is involved in a divorce, skilled legal representation is essential to protecting its financial interests. Veliz Katz Law has the experience, knowledge, and resources to help business owners manage property division and achieve the best possible outcome. Call us at 407-634-1835 or contact us online to schedule your free consultation.

Advantage Attorney

Divorce can be a complicated and emotionally charged process, especially when one spouse refuses to participate or sign the necessary documents. In Florida, however, you can still obtain a divorce even if the other spouse does not agree to it or refuses to sign.  Florida is a no-fault divorce state, which means that as long as one party believes the marriage is irretrievably broken, the court can grant the divorce with or without the other spouse’s cooperation. Choose an experienced Orlando, FL family law attorney to receive dedicated legal assistance during a divorce.  Florida’s No-Fault Divorce Laws Florida law does not require both spouses to consent to a divorce. Under Florida Statutes § 61.052, a spouse can file for divorce by stating that the marriage is "irretrievably broken" or, in rare cases, that one spouse has been legally incapacitated for at least three years. Since mutual agreement is not required, the court will proceed with the case even if one spouse refuses to participate, leading to a default divorce. What Happens If a Spouse Refuses to Sign Divorce Papers? If one spouse refuses to sign or respond to the divorce petition, the following process applies: Filing for Divorce The spouse seeking the divorce (the petitioner) files a Petition for Dissolution of Marriage in the appropriate Florida court. The petition must be properly served to the other spouse (the respondent). Serving the Divorce Papers Under Florida Family Law Rules of Procedure, the petitioner must serve the divorce papers on the respondent using one of the following methods: Personal Service: A sheriff or private process server delivers the papers. Constructive Service (Publication): If the respondent cannot be located, service can be done via publication in a local newspaper for four consecutive weeks. Responding to the Petition The respondent has 20 days to file an answer with the court. If the respondent: Responds: The divorce will proceed as contested or uncontested, depending on whether the parties agree to or dispute any terms. Fails to Respond: The petitioner can request a default judgment from the court. Default Divorce If the respondent fails to respond within the required time, the petitioner can request a default judgment, allowing the divorce to move forward without the other spouse's participation. The judge may grant the petitioner’s requests regarding property division, alimony, and child custody as long as they comply with Florida law. Can a Spouse Delay or Stop the Divorce? While a non-cooperative spouse can delay the process, they cannot stop the divorce indefinitely. Common delaying tactics include: Refusing to sign papers – This does not prevent the divorce from proceeding. Failing to respond – This results in a default judgment against them. Filing unnecessary motions – Courts may recognize bad-faith delays and take action against the obstructing spouse. In rare cases, if one spouse claims the marriage is not irretrievably broken, the court may order counseling or temporarily delay proceedings. However, courts rarely prevent a divorce if one party insists on it. Key Considerations in a Default Divorce Child Custody and Support Florida courts prioritize the best interests of the child in custody decisions. If the non-participating spouse fails to respond, the petitioner may receive primary custody. However, the court ensures that child support obligations follow Florida’s child support guidelines. Property Division Florida follows equitable distribution, meaning the court divides marital assets fairly, though not always equally. If a spouse does not participate, the judge may rule in favor of the petitioner’s requests. Alimony The court considers factors like income, marriage duration, and need when determining alimony. If the respondent does not participate, the petitioner’s financial claims may be accepted without potentially a counter from the other spouse. Finalizing the Divorce Without the Other Spouse Based on all documents and evidence, once the judge determines the facts, they will issue a Final Judgment of Dissolution of Marriage, officially ending the marriage. Non-responsive spouses cannot later dispute the divorce terms unless they prove fraud or legal misconduct. Why Should You Get Representation from Our Florida Divorce Attorneys Even if Your Spouse Refuses to Sign Even if your spouse refuses to sign, it is still prudent to obtain a divorce with legal representation from an experienced Florida divorce and family law attorney. At Veliz Katz Law, our dedicated legal team will guide you through the process and ensure your rights are protected every step of the way. File for Divorce and Serve Your Spouse To initiate the divorce process, our attorneys will help you file a Petition for Dissolution of Marriage in the appropriate Florida family court. Once filed, your spouse must be formally served with the divorce papers. Personal Service: A sheriff or private process server delivers the divorce papers directly to your spouse. Constructive Service: If your spouse cannot be found or is intentionally avoiding service, we can request to serve them through publication in a local newspaper. Once served, your spouse has 20 days to respond. If they fail to do so, we can request a default judgment, which is the next legal step. Request a Default Judgment If your spouse refuses to respond or participate in the divorce process within the 20-day window, we can file a Motion for Default with the court. This allows the judge to proceed with the case without your spouse's involvement, potentially granting your requests regarding property division, alimony, child custody, and support. Having our attorneys on your side during this process ensures that: All necessary legal documents are filed correctly and on time. The court is provided with the required evidence to grant a favorable outcome. Your spouse cannot later challenge the divorce due to procedural errors. Protect Your Financial Interests Even when the responding spouse refuses to participate, the court follows Florida's equitable distribution law to divide marital property fairly. Our legal team will: Identify and evaluate all marital assets and debts to ensure a fair distribution. Investigate potential hidden assets if your spouse is being uncooperative. Negotiate for a favorable division of assets, especially in cases involving high-value property, businesses, or retirement accounts. Without proper legal representation, you risk losing assets you are entitled to or being held responsible for debts that should be shared. Ensure Fair Alimony Considerations Florida courts consider multiple factors when awarding alimony, including: The length of the marriage Each spouse's financial needs and earning capacity Contributions to the marriage, including homemaking and child-rearing If your spouse refuses to participate, our attorneys will use detailed financial records and expert analysis to build a strong case for fair spousal support. Seek Child Custody and Support Orders When minor children are involved, the court prioritizes their best interests in custody and supports decisions. A non-cooperative spouse cannot unilaterally make decisions regarding the children’s living arrangements. Our attorneys will: File for temporary custody and support orders to ensure stability for your children. Present compelling evidence of your parental fitness and your spouse’s level of involvement. Ensure child support calculations comply with Florida guidelines and reflect your child's needs. Counter Deliberate Delays and Obstruction by Your Spouse Suppose your spouse actively tries to delay the divorce process by ignoring court orders, not attending a court hearing, or refusing to respond. In that case, we will take legal action to prevent unnecessary delays. This may include: Requesting court sanctions against the obstructing spouse Filing motions to move the case forward despite non-cooperation Ensuring your spouse cannot manipulate the process to gain an unfair advantage With our legal representation, you will not be left at the mercy of an uncooperative spouse who refuses to sign the divorce papers. Expedite the Finalization of Your Divorce Our attorneys will ensure that once all necessary legal requirements are met, the judge can issue a Final Judgment of Dissolution of Marriage as quickly as possible. This legally ends your marriage, granting you the freedom to move forward with your life. If your spouse later claims they were unaware of the divorce proceedings, we ensure all court documents and service records are adequately maintained to prevent challenges or appeals. Why Choose Veliz Katz Law? At Veliz Katz Law, we understand that an uncooperative spouse can make the divorce process feel overwhelming. Our experienced Orlando, FL divorce attorneys provide the following: Compassionate and strong representation to protect your interests. Dedicated legal guidance through each step of the divorce process. Strong negotiation and litigation skills to ensure you receive a fair outcome. With decades of experience handling uncontested and contested divorce cases in Florida, we are prepared to fight for your rights and guide you toward a smoother, faster divorce settlement or resolution. Get Strong Legal Representation from Our Florida Divorce Lawyers If your spouse refuses to sign or participate in your divorce, you are not powerless. Florida law allows you to proceed without their consent, and our top-rated Florida divorce and family law attorneys at Veliz Katz Law will ensure that your rights, assets, and parental interests are fully protected.  Our lawyers will deal with the complexities of the legal system on your behalf, pursue the most favorable outcome possible, and help ensure that you can move forward with your life on your terms.If you are considering divorce but are facing resistance from your spouse, contact our legal team today. Call us at 407-634-1835 or contact us online to schedule your free consultation.

Advantage Attorney

Divorce is a legally and emotionally challenging process. One of the common questions individuals ask is whether filing first offers any legal advantage. In Florida, a "no-fault" divorce state, either spouse can file for dissolution of marriage.  While filing first does not automatically guarantee a better outcome, it can provide strategic and procedural advantages that may be beneficial depending on the circumstances of the case. If you are contemplating a divorce, you should consult with an experienced divorce attorney in Orlando to determine the right strategy.  Florida’s No-Fault Divorce Law Florida follows a no-fault divorce system, which means that a spouse does not need to prove wrongdoing, such as adultery or abandonment, to file for divorce. The only requirement for dissolution of marriage is that the marriage is "irretrievably broken" or that one spouse has been declared legally incompetent for at least three years. Since Florida courts do not consider fault when granting a divorce, who files first generally does not impact the final division of assets, alimony determinations, or child custody arrangements. However, there are practical advantages to filing first. Advantages of Filing for Divorce First in Florida  More Control Over the Process Filing first gives the petitioner control over several crucial aspects of the divorce process. The spouse who initiates the case selects the county and jurisdiction where the divorce proceedings take place.  This can be particularly advantageous if the spouses reside in different counties, as local court rules, case backlogs, and even judicial tendencies may vary. By filing in a jurisdiction that is more familiar or efficient, the petitioner can avoid delays and procedural disadvantages. The petitioner dictates the timeline of the case, ensuring that legal proceedings begin on their terms rather than being caught off guard by a surprise filing from the other spouse. This allows them to move forward strategically rather than reacting defensively. Strategic Preparation Filing first provides a critical opportunity to prepare for both the legal and financial aspects of divorce. The petitioner can: Retain an experienced Florida divorce attorney without the pressure of rushed decision-making. Gather critical financial records, such as bank statements, tax returns, and property documents, to ensure complete transparency before the other spouse can conceal or manipulate assets. Identify and document marital debts and assets, preventing any attempts by the other party to dissipate shared resources before division occurs. Plan for child custody arrangements and potential disputes, ensuring that they enter the process with a well-defined parenting strategy. This strategic preparation is particularly valuable in high-net-worth divorces, cases involving business ownership, or complex asset divisions where financial transparency is critical. It also allows for better psychological and emotional preparedness, as the petitioner has time to adjust to the divorce process before serving papers. First to Present Their Case in Court If the case proceeds to trial, the petitioner presents their case before the other spouse responds. While Florida judges remain neutral, being the first to contribute can provide: An opportunity to set the narrative before the opposing side introduces counterarguments. This gives the petitioner a psychological advantage, as the judge hears the petitioner’s arguments and evidence first, potentially framing the case in their favor. A stronger position in financial and child custody disputes, allowing the petitioner to highlight critical facts and concerns before the other spouse counters with their claims. This can be particularly useful in contentious divorces where both parties disagree on financial settlements or parenting plans. Protection Against Surprise Filings Filing first ensures that the petitioner is not caught off guard by a sudden divorce filing from their spouse. Without preparation, an individual who is unexpectedly served with divorce papers may face challenges such as: Scrambling to find legal representation without the luxury of thorough research. Responding to financial disclosures and legal documents under tight deadlines, potentially leading to missteps. Losing access to shared finances if the other spouse has already taken action to protect their interests. By taking the initiative, the petitioner can enter the process fully informed and ready, avoiding last-minute stress and uncertainty. Immediate Court Orders for Protection or Support In cases involving domestic violence, child custody disputes, or financial dependency, the petitioner can request temporary court orders immediately after filing for divorce. These may include: Restraining orders or injunctions to protect against domestic abuse or harassment. Temporary alimony or child support to ensure financial stability during the divorce process. Exclusive use of the marital home if there are safety concerns or disputes over housing. Filing first allows the petitioner to take proactive legal steps to protect their interests and those of their children, preventing the other spouse from unilaterally taking control of the situation. How Filing First Can Impact Key Divorce Issues Property and Asset Division Florida follows an equitable distribution approach, meaning that marital assets and debts are divided fairly, though not necessarily equally. While filing first does not inherently influence how assets are divided, it does provide: Early access to financial information allows the petitioner to analyze marital property before the other spouse can attempt to hide, sell, or undervalue assets. A chance to request temporary court orders to prevent financial misconduct, such as draining joint bank accounts or transferring property out of shared ownership. The ability to work with forensic accountants and financial experts to uncover any concealed income or offshore accounts before negotiations begin. This advantage is particularly valuable in high-asset divorces where complex investments, real estate holdings, or business interests require financial planning. Alimony Florida courts determine spousal support based on factors such as: The length of the marriage (short-term, moderate-term, or long-term). The financial need of one spouse and the other spouse’s ability to pay. Contributions to the marriage, including homemaking and career sacrifices. Filing first does not automatically grant an advantage in alimony determinations, but it allows the petitioner to: Document financial records early, ensuring that all income, expenses, and potential support needs are correctly accounted for. Request temporary alimony orders, securing financial assistance during the divorce process if they were financially dependent on their spouse. Prevent strategic financial manipulation, such as the other spouse suddenly quitting their job or reducing their income to avoid paying alimony. By being proactive, the petitioner can build a strong financial case to ensure fair support calculations. Child Custody and Support Florida courts prioritize the best interests of the child when determining custody arrangements. Key factors include: Each parent’s ability to provide a stable and supportive environment. The child’s relationship with each parent. Parental cooperation and willingness to foster a positive co-parenting dynamic. Filing first allows the petitioner to: Request temporary custody orders, securing time-sharing arrangements before the other parent can move the child or interfere with custody rights. Propose a well-prepared parenting plan outlining a structured and reasonable custody schedule that supports the child’s well-being. Protect against parental alienation by ensuring that the other parent does not attempt to influence the child’s perception of the petitioner negatively. By securing early custody decisions, the petitioner minimizes disruption and ensures the child’s routine and stability remain intact. Should You File for Divorce First? The decision to file first depends on individual circumstances. If the case involves complex finances, high-conflict custody disputes, or urgent protective orders, filing first can provide strategic advantages. However, in uncontested or amicable divorces, filing first may not make a significant difference. Notably, the filing fees in a divorce must be paid by the petitioner.  How Our Knowledgeable Florida Divorce Attorneys at Veliz Katz Law Will Help You File for a Divorce At Veliz Katz Law, our experienced legal counsel in Florida will guide you through every step of the divorce process with legal counsel, strategic planning, and compassionate support. Whether your divorce is contested or uncontested, we work diligently to help you achieve a fair outcome. Thorough Case Evaluation and Legal Guidance We begin by conducting a detailed consultation to understand your unique situation, including property division, child custody, alimony, and financial concerns. Our attorneys provide straightforward legal advice tailored to your circumstances, ensuring you make informed decisions. Filing the Divorce Petition Our team prepares and files your Petition for Dissolution of Marriage (divorce complaint) with the appropriate Florida court. We ensure all paperwork is accurate, complete, and timely, preventing unnecessary delays or complications. If you file first, we will help you leverage jurisdictional advantages and strategic benefits. Protect Your Financial and Parental Rights We take proactive steps to secure temporary court orders for spousal support, child custody, or asset protection if necessary. Our attorneys work to safeguard marital assets and prevent the other spouse from making unilateral financial decisions that could impact your future. Skillful Negotiation and Litigation We strive for amicable settlements through strategic negotiations. However, if serious disputes arise over assets, alimony, or child custody, we are prepared to vigorously represent you in court to pursue the most favorable resolution. Our Leading Florida Divorce Lawyers are Ready to Represent You At Veliz Katz Law, our seasoned Orlando, FL family law attorneys will leave no stone unturned to uphold your rights and interests and secure your future. Reach out to us today, and let us help you take the first step toward a new beginning. To schedule your free consultation, call us at 407-634-1835 or contact us online.

Advantage Attorney

Dividing assets in a divorce is one of the most contentious aspects of the process, and disputes over what each spouse is entitled to receive can arise. Some people believe that Florida follows a strict 50/50 division of marital property, but this is a misconception.  Florida follows the principle of equitable distribution, which does not always mean an even split. Instead, the court aims to divide assets in a fair and just manner based on a variety of factors. For high net worth or complex divorce cases, you should get representation from a skilled and proven Orlando, FL divorce lawyer. Equitable Distribution of Property in a Florida Divorce Florida law does not require a strict 50/50 split of marital assets and debts. Instead, the court follows equitable distribution under Florida Statutes § 61.075, which means that marital property is divided in a way that is deemed fair, though not necessarily equal. The court starts by assuming that an equal distribution is appropriate, but judges have the discretion to adjust the division based on various factors. This ensures that one spouse does not suffer undue financial hardship while the other benefits disproportionately. What Is Considered Marital Property? Before dividing property in Florida divorce proceedings, the court must determine what qualifies as marital property and what remains separate property. Marital Property: Includes assets and debts acquired during the marriage, regardless of whose name is on the title. Examples include: Income earned by either spouse Real estate purchased during the marriage Retirement accounts and pensions accrued during the marriage Business or professional practice interests acquired while married Vehicles, investments, and personal property bought with marital funds Non-Marital (Separate) Property: Includes assets and debts that remain with the individual spouse. Examples include: Property owned by one spouse before marriage Inheritances or gifts received individually during the marriage Assets designated as separate through a valid prenuptial or postnuptial agreement Personal injury settlements explicitly awarded for pain and suffering If a spouse’s separate property becomes commingled with marital assets—such as depositing an inheritance into a joint bank account—it may be considered marital property. Factors That Influence the Division of Assets Florida courts consider several factors to determine how property should be distributed fairly. Under Florida Statutes § 61.075(1), the following factors can impact the division: Duration of the Marriage: Longer marriages usually result in more evenly distributed assets, while shorter marriages may lead to a division that reflects individual contributions. Economic Circumstances of Each Spouse: If one spouse has significantly greater earning potential or financial stability, the other may receive a larger share of marital assets. Contributions to the Marriage: Courts consider both financial contributions (such as income) and non-financial contributions (such as homemaking, childcare, and supporting a spouse’s career). Interruption of Career or Education: If one spouse contributed by way of sacrificing their career or education opportunities to support the family, the court may award them a more significant share of assets. Intentional Waste or Dissipation of Assets: If one spouse recklessly spends or depletes valuable marital property (e.g., gambling or extravagant purchases), the court may adjust the distribution in favor of the other spouse. Custodial Responsibilities for Minor Children: To provide stability, a parent who has primary custody of minor children may receive a more significant portion of assets, such as the marital home. Any Other Factors the Court Deems Relevant: Judges have broad discretion to consider other circumstances unique to each case. Division of Debts in a Florida Divorce Just as assets are divided, marital debts are also subject to equitable distribution. Marital debts include: Mortgages Credit card balances incurred during the marriage Car loans Business loans Student loans (if taken out during the marriage for the benefit of both spouses) The court will assess which spouse is in a better financial position to handle certain debts and may allocate responsibility accordingly. If one spouse incurred significant debt without the other’s knowledge (such as secret credit card charges), the court may assign that debt solely to the responsible party. Can Spouses Reach Their Agreement? Yes. Florida encourages divorcing couples to reach settlement agreements rather than relying on court intervention. Spouses can negotiate the division of assets through mediation or collaborative divorce, which can save time, money, and emotional distress. Once both parties agree, the court will review the settlement to ensure it is fair and complies with Florida law. Does Equitable Distribution Affect Alimony? The way assets and debts are divided in a Florida divorce can directly impact alimony (spousal support) determinations. If one spouse receives a significant portion of marital assets, the court may award less alimony. Conversely, if a spouse gets fewer assets, they may be granted higher alimony payments to maintain financial stability. Common Misconceptions About Property Division in Florida Florida is a “Community Property” State False. Unlike some other states, which follow community property laws requiring a 50/50 split, Florida applies equitable distribution, allowing for a fair but not necessarily equal division. Only Income Earned During Marriage is Considered False. Non-financial contributions, such as homemaking and child-rearing, are also factored into the division of assets. If the House is in My Name, I Get to Keep It Not necessarily. If the home was purchased during the marriage using marital funds, it is considered marital property and subject to division. Hidden Assets Are Impossible to Find Not true. Courts can order forensic accountants to investigate if a spouse is suspected of hiding assets. Steps Our Florida Divorce Attorneys Will Take to Uphold Your Financial Interests in a Property Division  At Veliz Katz Law, our Florida divorce attorneys will follow a strategic plan to ensure your financial interests are safeguarded during property division negotiations.  Comprehensive Case Evaluation and Financial Assessment Our first step is to conduct a detailed evaluation of your financial situation, ensuring that all assets and liabilities are accounted for. This includes: Reviewing all financial documents such as tax returns, pay stubs, investment portfolios, and business records. Identifying and distinguishing between marital and non-marital assets to ensure you retain what is rightfully yours. Assessing any prenuptial agreement or a postnup that may impact property division under Florida divorce laws. By thoroughly understanding your financial landscape, we can develop a legal strategy that aligns with your long-term financial goals. Identify and Value Assets Accurately One of the key aspects of property division is determining the actual value of all marital assets. Our legal team will: Work with financial experts and forensic accountants to appraise real estate, businesses, and other high-value assets. Ensure accurate valuation of retirement accounts, pensions, stock options, and other complex financial instruments. Investigate whether your spouse has undervalued or concealed assets to gain an unfair advantage. A precise valuation ensures that you receive your fair share of marital assets and are not shortchanged. Discover Hidden Assets and Financial Misconduct In some divorce cases, one spouse may attempt to hide assets, manipulate financial records, or dissipate marital funds. To combat this, our attorneys will: Conduct in-depth discovery procedures, including subpoenas and depositions, to uncover undisclosed financial information. Utilize forensic accountants to trace suspicious transactions and identify hidden offshore accounts or undervalued business interests. Present compelling evidence in court if financial misconduct is discovered, ensuring that you receive an equitable settlement. Our proactive approach prevents financial deception from compromising your rightful share of the marital estate. Negotiate a Favorable Property Settlement Agreement Whenever possible, we strive to resolve property division matters through negotiation, avoiding the stress and expense of litigation. Our negotiation strategy includes: Advocating for your financial interests while ensuring a fair and legally sound division of assets and debts. Crafting creative settlement solutions that account for future financial stability, including buyouts, asset swaps, or structured settlements. Ensuring that tax implications of property division are considered so you do not face unexpected financial burdens post-divorce. By reaching a mutually beneficial agreement, we help clients move forward with confidence and financial security. Litigation and Court Representation, if Necessary If negotiations fail, our trial-tested attorneys are prepared to represent you in court aggressively. During litigation, we will: Present clear and compelling legal arguments backed by financial evidence. Challenge unfair asset valuations or attempts to shift liabilities onto you. Advocate for adjustments based on factors such as the length of the marriage, each spouse’s contributions, and future financial needs. Our litigation strategy ensures that your financial interests are vigorously protected before the judge. Assist with a Smooth Post-Divorce Financial Transition Beyond securing a fair property division, we assist clients in restructuring their financial future post-divorce. Our support includes: Ensuring compliance with property division agreements and enforcement if a spouse fails to comply. Advising on estate planning updates, including wills and beneficiary designations. Guiding clients through financial planning strategies to rebuild their economic independence. A well-executed legal strategy not only protects your assets today but also secures your long-term financial well-being. Get Legal Help from Our Dedicated Florida Divorce Attorneys  At Veliz Katz Law, our Florida divorce attorneys understand the high stakes involved in property division. If you are contemplating or facing a divorce, get our experienced legal team on your side to protect your financial interests. To schedule your free consultation, call us at 407-634-1835 or contact us online.

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.