Orlando Divorce Lawyers Get You Back on Your Feet
Compassionate Assistance from an Orlando Divorce Law Firm
Based in Orlando, divorce lawyer Michael R. De Canio represents clients through every step of the divorce process, from filing the initial paperwork to handling complex issues such as spousal support, child custody and property distribution. Whenever possible, he works with his clients to resolve sensitive family law issues through negotiation, which often leads to amicable and workable divorce agreements. However, if litigation becomes necessary, he is an aggressive trial attorney who does not hesitate to zealously advocate for his clients’ interests in the courtroom.
The Divorce Process in Florida
Divorcing spouses must meet many legal requirements to dissolve their marriage in Florida. To meet the state’s residency requirement, one of the parties must have resided in the state for a minimum of six months before filing the petition; then, the dissolution of marriage petition may be filed in the county in which either or both spouses reside. The parties’ petition must state the appropriate grounds upon which the dissolution is based. The appropriate grounds are those that the parties agree on and can substantiate, or those that the filing spouse wants to prove in court. Two grounds for divorce are recognized in Florida:
- The marriage is irretrievably broken.
- One of the parties is mentally incapacitated. However, dissolution will not be granted until the party alleged to be incapacitated has been deemed to be so for a period of at least three years.
After you file the petition, the court assigns a case number and assumes jurisdictional rights to consider and grant orders pertaining to such accompanying issues as property distribution, support, child custody and visitation.
The primary documents in any divorce are the Petition for Dissolution of Marriage and the Final Judgment of Dissolution of Marriage. Under Florida law, these documents are essential; however most divorces require additional documents, such as a Marital Settlement Agreement, a Family Law Financial Affidavit and a Final Disposition Form.
As an Orlando divorce lawyer, Mr. De Canio possesses a thorough understanding of divorce filing procedures and documentary requirements, and he assesses what exactly needs to be done, drafts the documents, submits the completed paperwork and finalizes the proceedings as required to expedite the divorce proceeding.
Orlando Spousal Support
Spousal support, also referred to as alimony, is determined on a case-by-case basis and is not appropriate in every divorce. In fact, there are now six different types of alimony in Florida — permanent, temporary, bridge-the-gap, rehabilitative, lump-sum and durational (enacted July 1, 2010). The court may grant support to either party, in any of the above forms. The court may consider all relevant economic factors when determining a spousal maintenance award, including:
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of each party
- The financial resources of each party
- The nonmarital and marital assets and liabilities distributed to each party
- The time necessary for either party to acquire sufficient education or training to obtain appropriate employment
- The contribution of each party to specific aspects of the marriage, such as homemaking, child care, education and career building of the other party
- All sources of income available to either party
Alimony is a hot topic right now because of the introduction of durational alimony, which is available for marriages that lasted from one to seven years or in cases where permanent alimony is not appropriate. There are many variables and rules to consider when determining whether alimony is appropriate. Mr. De Canio is an experienced divorce lawyer in Orlando. He urges you to contact him so that he may carefully review your situation and advise you on which types of alimony may be appropriate in your particular case.
Consult a Skilled Orlando Divorce Attorney
From his Orlando divorce law firm, Michael R. De Canio assists clients with all of their divorce issues. Contact the office today for a consultation.
CONTACT A SKILLED DIVORCE ATTORNEY IN ORLANDO
If you need help resolving a family law dispute while protecting your family's physical, financial and emotional well-being, contact the Law Office of Michael R. De Canio today for an initial consultation.