Protecting Your Interests with Experience, Compassion, and Discretion
Regardless of how you came to this point, many issues must be resolved in a divorce. The attorneys at Orshan, Spann & Fernandez-Mesa protect your best interests while guiding you through the oftentimes difficult process. For every decision, we extend advice and support. For every dispute, we stand behind you as strong legal advocates. We represent men, women and children throughout the South Florida area. Arrange an appointment today to meet with one of our experienced family law attorneys to discuss your goals and concerns.
Exploring Your Options Under Florida Law
We take the time to get to know our clients. Once we understand what is most important to you, we can devise strategies and pursue a course of action to achieve your goals and protect your interests. Perhaps decisions about custody and visitation or child support are your chief concern. If your children are adults or you did not have any children together, the focus of your divorce may be on division of assets or spousal support and alimony.
Florida is a no-fault divorce state, meaning that there does not have to be any particular reason that exists to enable you to obtain a divorce from your spouse. Either party can file to end the marriage and the only ground required is that the marriage is “irretrievably broken.” It is not required that your spouse agree to a divorce. If one spouse wants a divorce, the court will dissolve the marriage.
Before a dissolution of marriage (divorce) is granted by the court, all issues of property division, child custody, financial support and related matters must be resolved, either by agreement of the parties or through a trial before the Court. Every case and family situation is different and requires individual analysis and attention to the particular circumstances of the parties and their children. Our divorce attorneys can help you settle a case through an agreement through mediation and negotiation, or vigorously present your case in divorce court litigation.
Divorce is nothing if not difficult. The legal complexities involved are more than enough for anyone, but even these are often overshadowed by the personal emotional impact of ending a marriage. Divorce attorneys cannot make divorce easier, but good lawyers will help conclude a divorce as painlessly as possible. Metro Miami & all Southern Florida residents can rely on Orshan, Spann & Fernandez-Mesa to provide the legal expertise necessary through all phases of the divorce process.
Taking the First Steps
In many ways, initiating a divorce is the most difficult part of the process. When filing for divorce or when served with divorce papers by your spouse, many people feel vulnerable, depressed, and overwhelmed. The prospect of a legal dispute with one’s own spouse can be difficult to face. The goal of the family law attorneys at Orshan, Spann & Fernandez-Mesa is to help make every stage of the legal process as comprehensible and approachable as possible. In the early stages of a divorce, the lawyers will require copies of financial paperwork detailing the household’s shared assets and debts, as well as its member’s tax histories, investments, and incomes. It may also be helpful for the divorce lawyers to have copies of receipts or other documentation detailing each spouse’s individual expenditures that may have impacted the family’s financial status. The more information that is available to your divorce lawyers, the better the analysis of your situation and outcome of the divorce is likely to be.
Staying on Course
One of the most important things to remember is that divorce is commonly a lengthy process. Although a divorce can be finalized shortly after a settlement is reached, it generally takes a number of months for the parties to reach a resolution. Attorneys must negotiate, and, before they can effectively do so, all relevant financial and other information must be compiled and catalogued. If a settlement cannot be achieved, the court must determine the issues at trial. If the case goes to court, it will likely take longer still. It is also during this process that financial and custody issues will be settled. During this phase, each party’s behavior, assets, and personal history will be closely examined. Because the law allows room for interpretation, custody, asset distribution, and financial support issues are often subjective judgments. It is in this phase that the advice of divorce attorneys proves most valuable. Throughout the discovery process and negotiations, the guidance of the experienced divorce attorneys at Orshan, Spann & Fernandez-Mesa will be an important part of protecting your individual interests and ensuring an equitable settlement.
Making the Transition
Once the divorce is finalized by entering into a settlement agreement or by a determination by the court, we will present you with a certified Final Judgment of Dissolution of Marriage, which is the legal document formalizing your divorce. At this point, the divorce will be legally recognized, and all terms of the agreement or court order will take effect. Finalizing the divorce means that assets will be distributed as outlined in either a judge’s ruling or in the settlement agreement. If the settlement or judgment requires it, houses, properties, and other assets may be sold to make distribution possible. In addition, custody and child support guidelines will become active.
Compassionate and Discreet
We understand that you may not want your spouse or family members to know you have consulted an attorney. Our discussion is kept in strictest confidence. We take the time to listen to your needs and goals, and explain the process step-by-step. We explore alternatives to litigation (mediation or collaborative divorce), but our dedicated divorce lawyers will aggressively protect your interests if your case goes to court. We have the knowledge to handle all related issues, including premarital (antenuptial) agreements, paternity, and domestic violence.