Divorce Lawyers in Polk County

You’ve tried to make it work and have maybe even sought couple’s counseling. However, the relationship continues to fracture, and you’ve now begun searching for legal options. The lawyers at the Mint Law Group fundamentally understand your predicament. Suzi Moore, the Managing Partner of Mint’s Family Law Department has walked in these very shoes. By the age of 21, she was a divorced single mother. Through hard work and self-motivation, she attended college and eventually law school all while raising her beautiful daughter. Having practiced law for more than two decades, Suzi now uses the memories from this time as motivation for continuing to assist those who are struggling in their marital relationship.

Divorces in Florida

The divorce process in Florida, otherwise known as a “dissolution of marriage,” can be accomplished through two primary methods: regular dissolution of marriage and simplified dissolution of marriage. Each method has specific requirements and procedures that must be followed.

A regular dissolution of marriage is the standard process for ending a marriage in Florida. This method allows for a comprehensive examination of the marital relationship, including the division of assets, liabilities, and issues related to child custody and support. To initiate this process, one spouse must file a petition for dissolution of marriage in the circuit court, and the other spouse must be served with a copy of the petition and a summons. In cases where there are minor children or the wife is pregnant, the court may require the parties to attend counseling or mediation to attempt reconciliation or to resolve issues amicably. The court has the authority to make temporary orders regarding support, alimony, and the preservation of property during the divorce. Ultimately, the court will enter a judgment of dissolution if it finds that the marriage is irretrievably broken. To read more about a regular dissolution of marriage, please visit our page on Contested Divorce.

Simplified dissolution of marriage is a faster and less complex process, but it is only available to couples who meet specific criteria. Both parties must agree that the marriage is irretrievably broken, have no minor or dependent children together, and the wife must not be pregnant. Additionally, the parties must have reached an agreement on the division of their property and debts. Both spouses must appear before the court to sign the petition and later appear before a judge to finalize the dissolution. To read more about a simplified dissolution of marriage, please visit our page on Uncontested Divorce.

The simplified process involves filing a petition with the circuit court. The court will review the petition and, if all requirements are met, will enter a final judgment of dissolution. This method does not allow for appeals or trials, and neither party can seek alimony.

Collaborative Divorces

Collaborative Divorce is a relatively new alternative in Florida, and for some couples, can save on both time and money. In short, collaborative divorce is a form of alternative dispute resolution designed to help parties resolve their differences amicably without court intervention.

The process begins when both parties sign a Collaborative Law Participation Agreement. This agreement signifies their intention to resolve their disputes through the collaborative process rather than through litigation. Each party in the collaborative process is represented by a separate attorney who is specially trained in collaborative law. These attorneys are engaged solely for the collaborative process and are disqualified from representing their clients in any subsequent litigation related to the collaborative matter. The collaborative process involves a series of structured meetings where both parties, their attorneys, and other neutral professionals, such as financial advisors and mental health professionals, work together to reach a mutually acceptable agreement. These professionals form the “collaborative team” and assist the parties in negotiating and resolving their issues.

Throughout the collaborative process, the parties may request the court to approve interim agreements or issue emergency orders to protect the health, safety, welfare, or interests of a party or family member. However, the collaborative process itself remains confidential, and any communications or documents exchanged during the process are inadmissible in court unless the parties agree otherwise in writing. To read more about collaborative divorces in Polk County, please visit our page on Collaborative Divorce.

Child Custody and Child Support

In Florida, the involvement of children significantly impacts divorce proceedings. The court’s jurisdiction in divorce cases involving children is twofold: it addresses the dissolution of marriage and retains continuing jurisdiction over matters related to the children’s welfare until they reach majority. This means that while the divorce decree itself is final, decisions regarding child custody and support can be modified as needed to serve the best interests of the children.

Child support is determined based on the child support guidelines and a worksheet form approved by the Florida Supreme Court. The guidelines provide a formula to calculate child support based on the parents’ incomes and other factors. The court can deviate from the guideline amount if following it would be unjust or inappropriate. Note that child support cannot be waived by agreement of the parties. Child support generally continues until the child turns 18, marries, joins the military, or becomes self-supporting.

In Florida, child custody is determined based on the best interests of the child, with significant emphasis on shared parental responsibility. Florida law defines “shared parental responsibility” as a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and must confer with each other to make major decisions affecting the child’s welfare, including education and healthcare.

Mint Law Divorce Attorneys Can Help

Navigating the complexities of divorce can be emotionally and legally overwhelming. Enlisting the assistance of a skilled divorce attorney can save time, money, and stress. The lawyers at Mint have been there and know exactly what you are going through. It’s this experience – having gone through a divorce – that allows us to not only provide expert legal guidance, but also a compassionate support system. Communication is always key, and we promise to help you understand your options, negotiate  fair settlements, and ensure that critical decisions regarding asset division, custody arrangements, and alimony are handled with care and expertise. With an experienced Lakeland divorce lawyer by your side, you can focus on healing and moving forward, knowing that your case is in capable hands.