Divorce The Smart Way
If you are facing divorce, you need an attorney who can help you make smart decisions about your future. Your life will inevitably change, but there are ways to make the divorce process as smooth, efficient, and cost-effective as possible.
An uncontested divorce is the preferred way of ending a marriage.
If couples can agree on all divorce-related issues prior to filing, they can move through the divorce process quickly and cost-effectively. At The Law Office of Gustavo E. Frances, P.A., a flat fee of $1,500 covers an uncontested divorce, minus the applicable filing fees.
In Florida, a divorcing couple with children must take a parenting class to proceed with an uncontested divorce. Otherwise, the process is generally very simple and straightforward, and many couples are able to finalize their divorce decree in as little as two weeks.
In some situations, even an uncontested divorce can become a contested divorce,
when issues such as child support, child custody, and alimony cannot be resolved. If circumstances lead the divorce to become contested, I will apply the flat rate toward the retainer. As your Fort Lauderdale divorce lawyer, I will help you resolve every issue of your divorce including:
- Property Division
The state of Florida operates under an “equitable distribution” law when it comes to dividing marital property at the time of the divorce. This means that all property acquired during the marriage essentially belongs to the spouse who earned it, and all assets and liabilities should be divided between the two separating spouses in a fair and equitable manner. There are no specific rules regarding exactly who will receive what and how much they will receive, and there are a variety of factors that will be considered. Some of the assets that must be divided equitably include the following:
- Retirement accounts (401ks, IRAs, pensions, etc.)
- Investment portfolios (stocks, bonds, mutual funds, ETFs, REITs, etc.)
- Real estate (marital home, vacation homes, commercial property, investment property)
- Money in checkings and savings accounts
- Any other property owned by the two spouses
Additionally, any debts they have been acquired will also be and distributed equitably between the two, including mortgages, car loans, personal loans, credit card debt, student loans, etc.
- Child Support
Child support is not optional in the state of Florida. The payment of child support in this state will be strictly enforced by the court, and a failure to pay could result in significant criminal and financial problems. The Florida Child Support Guidelines take various factors into consideration when determining the exact amount of child support that must be paid. Please understand that there are many “child support calculators” on the Internet, but they do not take all the variables of your situation into account.
- Time Sharing & Child Custody
Specifically, both physical custody and legal custody need to be determined in your situation. Physical custody refers to where the child will reside. Legal custody refers to which parent is responsible for making legal decisions for the child, including decisions regarding health care, education, religious upbringing, etc. For both legal and physical custody, it will need to be determined whether one parent has “sole” custody or whether both parents will have shared or “joint” custody.
- Alimony Spousal Support
There are various types of spousal support that could be awarded after a divorce in Florida. Commonly referred to as alimony, spousal support refers to financial payments from one spouse to the other. In order to be awarded alimony, one spouse must demonstrate that they need support from the other while also showing the ability of the other spouse to pay. Alimony in Florida can be awarded on either a temporary or permanent basis at the end of the marriage. Temporary alimony is referred to as rehabilitative alimony. The type of alimony awarded largely depends on how long the marriage lasted. For longer marriages, the courts are more likely to award permanent alimony.
Contact Me For A Flat-Fee Divorce
For legal representation in any dissolution of marriage matter, please reach out to me online or call me toll free at 954-533-2756.