Ending a marriage is no small undertaking. Aside from all the emotional turmoil ex-spouses and their families may experience, there are serious long-term consequences for divorcees in terms of their legal status, child custody, and finances. The legal process governing divorce can also be incredibly complicated, strict, and lengthy. Without proper legal assistance, spouses may lose time with their children, or fall victim to unfair property divisions.
Our Gainesville & Ocala attorneys at Hesser & Kipke, are your best ally to file for divorce. Following a thorough case evaluation, we can recommend the best method of proceeding for you and your children. So, don’t go at it alone — contact us today to request a case consultation.
Dissolution Of Marriage
In Florida, divorce is referred to as a “dissolution of marriage.” There are two main methods for filing for divorce. If spouses have no children, are not pregnant, agree on how to divide their property, and are not seeking alimony, they can file for a “Simplified Dissolution of Marriage.” Otherwise, they may file for a “Regular Dissolution of Marriage.” Either way, we can guide clients through the required legal paperwork and proceedings.
How We Can Help
We can counsel and represent clients throughout the divorce process — no matter what issues may arise — following the latest statutory requirements and court rulings. Among the services we provide, our Gainesville & Ocala law firm can represent clients inside and outside the courtroom in negotiations concerning alimony, child custody; marital debts and assets distribution; parenting plans, as well as any of the following.
Business & Divorce
During most divorce proceedings, each party and its lawyers must identify and value all personal and shared property (and debts) for asset distribution. The process can be fairly straightforward for assets such as bank accounts and real estate. However, when one or both spouses own any part of a business, the issue becomes much more complicated. First, there is the question of whether or not to divide the asset between the spouses. If so, what is the asset’s worth? And, how should it be shared? These decisions will fall on either the spouses and their lawyers (if they can reach an agreement), or a court.
An uncontested divorce is one in which neither party objects to terminating their marriage. The legal procedures for this type of divorce are much more streamlined compared to other divorces — saving couples time and money. However, uncontested divorces should not be taken lightly. Couples still need to spend enough time addressing issues such as child custody and support. Also, disputes between parties may arise at any point in the divorce process — spouses should be prepared to handle any developments. An experienced attorney can help ensure clients get the best results.
Depending on several factors, one spouse may owe the other spousal support following divorce. Alimony factors can include the length of the marriage as well as each party’s financial resources. There are also several different types of alimony, including “bridge-the-gap,” rehabilitative, and permanent alimony. We can help clients explore the various options of support both during and after divorce, including the modification and termination of alimony awards.
A prenuptial agreement, commonly referred to as a prenup, is a legal contract created by prospective spouses before they get married. A prenup details each party’s property and debts, as well as the terms and conditions under which their property is to be divided after the marriage. Prenups are often used by wealthy spouses to protect their assets but can also be useful to preserve family businesses.
Similar to a prenup, postnuptial agreements are legal contracts that contain the terms and conditions for matters such as asset distribution in the event of a divorce. As their name implies, postnuptial agreements are signed after a couple gets married. This type of contract can be useful when spouses acquire significant amounts of wealth during the marriage or when they start a new business.
After a final judgment or order is rendered by a Court, in some situations, those decisions may be appealed to a higher court for review. The required procedures and time period for filing an appeal must be strictly followed, which is typically within 30 days from the date the order is rendered. We can help clients explore the possibility and availability of appealing an adverse decision.