Divorce Attorneys Serving Sarasota, FL 

What’s Involved in a Florida Divorce

Every divorce is different, but the issues below are ones that commonly arise and must be resolved: 

Property Division 

Unlike community property states where assets are divided equally, Florida applies the principle of equitable distribution. This means that the court aims to divide marital assets and liabilities fairly and justly, taking into consideration various factors such as the length of the marriage, individual needs, and future earning potential. The goal is to achieve an outcome that is equitable, rather than an equal split. 

It is imperative that spouses have a Sarasota divorce attorney who will firmly present their case, and the factors they believe should influence a fair and equitable outcome. 

Child Custody and Support

The sole criterion governing child custody and support decisions is the best interests of the child. Florida follows the principle of parental responsibility. This refers to the authority and decision-making responsibilities for the child. The court will determine whether sole parental responsibility should be awarded to one parent or if shared parental responsibility is more appropriate. 

It is important to note that a court will—absent evidence to the contrary—often presume that the child’s best interest includes both parents having an equal say in their lives. Spouses who believe this is not the case for reasons that may include anything from irresponsibility to addiction to violent behavior—need to tell their attorney, so evidence can be gathered to support this claim. 

The amount of child support is determined using factors that include the net income of each parent, the custody arrangement, and the number of children involved. The court will calculate the child support amount based on these factors and may also consider additional expenses related to the child's healthcare, education, and extracurricular activities.

It is worth mentioning that child custody and child support are separate issues. Even if one parent has sole custody, the other parent is still obligated to pay child support. 

Spousal Support

In a Florida divorce, spousal maintenance--also known as alimony--is determined based on several factors. Judges will consider the demonstrated need of the recipient spouse and the paying spouse's ability to meet that need. The purpose of alimony can vary and may include rehabilitative support to help a lower-earning spouse become self-sufficient, or maintain the standard of living established during the marriage. 

The amount and duration of alimony are decided on a case-by-case basis. Our Sarasota divorce lawyers will help you understand how these factors apply to your specific situation.

The Benefits of Mediation 

The optimum solution is usually to work out a settlement without going to court. It is common, however, in relationships where communications have often broken down, for it to be difficult to find mutual agreement on sensitive subjects. Mediation may prove a valuable tool in helping to open up dialogue. The benefits of using a third party to facilitate collaboration include the following: 

• Open communication: With the assistance of a neutral mediator, both spouses can express their concerns, needs, and interests in a safe and controlled environment. 
• Control and flexibility: The couple can make decisions that fit their unique circumstances, rather than having a judge impose rulings.
• Cost efficiency: Compared to court litigation, mediation is generally more cost-effective. Its goal is to avoid lengthy courtroom battles and associated legal fees. 
• Time efficiency: By working directly with a mediator, couples may be able to expedite the resolution process and move forward with their lives sooner.
• Preservation of relationships: The focus on cooperation can help preserve a more amicable relationship, which is especially important when children are involved.
• Privacy: Unlike court proceedings, mediation is confidential. This allows the parties to discuss sensitive matters freely without public exposure.
• Customized solutions: Parties can craft personalized solutions that meet their specific needs and priorities, rather than adhering to rigid court rulings.

Professional Dedication and Personal Compassion 

We know that people who come to our office for help with a divorce are often hurting. The decisions that are made in the settlement may impact their lives for years to come. We see it as our job to take the legal burden off their shoulders and work towards getting them the fair resolution they deserve, so they can focus on starting the next chapter of their lives. 

Call our Sarasota divorce lawyers today at (813) 212-8330 to schedule a consultation.