The best place to begin a divorce is with a frank discussion with your spouse.  This talk of divorcing your spouse can be complicated by the situation that exists.  The purchase of property, both real estate and personal property, during the marriage and having children together can make the divorce process a bit more complicated.  Under Florida law, the general rule is everything obtained during the marriage is jointly owned, with a few exceptions.  These are issues that need to be raised at the beginning.

However, as we all know, the breakdown of a marriage is often accompanied by a lot of emotion.  In a perfect world this would not happen - but in this world it does and the emotions that arise from the feelings of betrayal and dishonesty can be consuming.  It is often wise for a spouse to seek counseling to address these overwhelming feelings.  And it is not a bad idea for the spouses to seek joint counseling in an effort to save their marriage.  The key is to not allow the temporary yet strong emotions to turn the divorce process into an irrational, wasteful, unproductive affair.  When a petition for dissolution is filed, Florida law will eventually allow the divorce to happen.  The outcome depends greatly on the mental strength and maturity of the parties involved.

The Divorce Process

A divorce is initiated by the filing of a petition for dissolution by either party.  At this point the proceedings can be contested or uncontested.  An uncontested divorce means that each party has agreed to how the marriage will be settled - this includes the division of property, bills, and child custody matters.  A contested divorce is one in which no agreement can be initially decided on any one of those issues.  The Court will usually require that in contested divorces the parties attend mediation to work out their differences.  If mediation fails and the attorneys and their clients cannot come to an agreement, the decision will be decided by the judge after a trial.  Thus, if the parties cannot agree, their issues will be finally decided by a neutral magistrate who's word is final.

Property Issues

Often times after a divorce our client may find themselves in an economic situation that is too attenuated to maintain his or her lifestyle.  Outstanding balances on credit cards and loans from the marriage may be too much now that the income from the other spouse is gone.  It is at this point that bankruptcy should be considered.  The costs of marriage can have a devastating on a person's credit rating - bankruptcy allows for a person to start on a clean slate with all the protections of the law.  This is especially true for clients that are awarded primary custody of the children from the marriage.  We hope that this situation does not occur but it is comforting to know that such a situation can be corrected.

Child Custody Issues

The Courts are required to make all custody decisions based on the "best interest of the child."  That is the standard that will be applied should a decision between the spouses not occur.  Solomon made it clear that splitting the child is not a reasonable answer to custody issues.  One spouse will have primary custody and the other spouse will have a visitation schedule.  When thinking about a divorce this ultimate fact must be considered by both spouses in a rational manner.  Otherwise, the decision will be made by the Court.

Child Support

Child support payments cannot be waived.  In many cases a guardian ad litem will be assigned to represent the child's interests.  Payments are determined by a mathematical formula based on the income of both spouses at the time of their divorce.  Child support payments are strictly enforced in Florida and begin upon the separation of the spouses.  This means the Court can order back-payments for the time separated before the divorce is final.

Eric J. Dirga, a Florida lawyer in the Orlando area for over 12 years, will clearly explain all your options regarding the divorce process, the costs, and the probably outcomes.  The consultation is free and may involve you and your spouse, however, due to ethical considerations, we can only represent one spouse in a divorce.

If you have read this far it is clear that your marriage has come upon some rough seas.  Divorce is not always the answer.  However, it may be time to start discovering the options.  Please call to set up a consultation with Mr. Dirga.  It's free and it may give you the peace of mind you need to take your next step.

Our telephone number is (407) 841-5555 and can be called at any time.  The best time to call is between the hours of 9AM to 5PM Monday through Friday.