Orlando Divorce Attorney – PD Law Firm

Divorce

Divorce can be a stressful and contentious process that affects your children, your assets, and your relationships. Our job is to demystify the divorce process and assist you through every step so that you can protect yourself and obtain peace of mind.   

Florida law distinguishes between different types of divorce, termed under the law as types of “dissolution of marriage.”

Simplified Dissolution of Marriage

This is the simplest and easiest way to obtain a divorce in Florida. It is an uncontested proceeding and is allowed if:

  1. There are no jointly owned assets, such as homes or cars;
  2. There are no children, and the wife is not pregnant;
  3. There are no joint liabilities, such as bank loans;
  4. Both parties agree to sign an agreement and appear in court.

Dissolution of Marriage – Contested v. Uncontested 

Other types of dissolution of marriage involve children, pregnancy, jointly owned assets, property, or joint liability.

These divorces take longer to resolve because the parties must provide financial disclosures and reach a resolution on how the property and liabilities will be divided, how the parents plan to split time with the children, and other more complex topics such as alimony and child support. 

A dissolution of marriage can be contested or uncontested. In contested dissolutions the parties do not agree on how the above rights and responsibilities will be shared and typically must go through mediation and sometimes a trial. In an uncontested divorce the parties are able to reach an agreement and do not require a judge to decide the outcome of the divorce. 

For all types of dissolution at least one of the parties must have resided in Florida for at least 6 months before petitioning for divorce. 

We will work to identify the best path forward with you and provide representation during this difficult process. Contact us for an initial consultation.

Temporary Custody

Children often must live with extended family members, whether because a parent is unavailable or unfit to raise the child. Those extended family members must be able to care for the child like a parent and access medical records, enroll the child in school and activities, etc. 

Temporary Custody is a remedy under Florida Law that gives extended family members the power to care for the child like a parent, even if on a temporary basis. 

Temporary custody does not have a set duration and can be terminated when custody is surrendered back to the parent, or the parent can show the court that it is in the best interest of the child terminate the temporary custody order. 

Temporary custody may be obtained with parental consent, in circumstances where a parent has abandoned the child, or when a parent is unfit or unable to parent for other reasons. 

Contact us for assistance in determining if Temporary Custody is the best option for you. We can help you gather the necessary evidence and represent you through the Temporary Custody process.  

Adoption

We assist step parents and Family Members, known as Kinship Adoptions, in situations where the biological parents give consent or certain special circumstances arise where adoption becomes a desirable outcome for a family. 

Stepparent Adoption

A stepparent may adopt a child in Florida under the following circumstances: 

  • The Stepparent is able to financially and morally support the child
  • The spouse joins in the adoption petition, 
  • The biological parents outside of the marriage consents to the adoption or is not required to consent.
  • If the child is 12 years old or older the child must consent to the adoption.  

A petition is filed with the court if all of the requirements are met the court will terminate the rights of the biological parent and enter an adoption in favor of the stepparent. A new birth certificate may then be obtained and the old one will be sealed by the clerk. 

Kinship Adoption

Certain family members, such as Grandparents, have an easier path to adoption in Florida. If a court has terminate the parent’s rights, the parents consent, or certain other circumstances exist, a Grandparent and certain family members may obtain an adoption under expedited procedures. 

We will help you determine whether you qualify to adopt a child under this law and represent you through the adoption process.