Florida Divorce Lawyers
File For Divorce in FL
At the Virga Law Firm, our Florida divorce attorneys stand ready to assist you with all your legal needs. During a dissolution of marriage, we know the significance of timely action in order to achieve our client’s goals. Whether your divorce is contested or uncontested, we can quickly build an effective case for your individual needs.
Choose us for the experience you need. Call (800) 822-5170 or reach out to us online to schedule your consultation today!
On This Page:
- Grounds for Dissolution of Marriage in Florida
- The Florida Divorce Process
- Uncontested Divorce in Florida
- Contested Divorce in Florida
- Annulment vs. Divorce in Florida
- Common Divorce Mistakes
- Contact a Florida Divorce Lawyer Today
- Commonly Asked Question
For those undergoing divorce, the reasons are varied. In a legal sense, divorce is also known as dissolution of marriage.
Within the state of Florida, there are only two grounds for marriage dissolution:
- Irreconcilable Differences - This is the most common reason for divorce. Since Florida is a no-fault divorce state, neither party is assigned fault by the court. When the petitioner states that their marriage is “irretrievably broken,” this is known as irreconcilable differences. In common terms, this means that couple is no longer able to coexist amicably.
- Mental Incapacity - The second ground for dissolution occurs when one of the parties is mentally incapacitated. A dissolution of marriage is not allowed unless the party alleged to be mentally incapacitated has been adjudged incapacitated for a preceding period of at least 3 years.
Whatever your unique circumstance is, our individualized approach will identify the best pathway for effective case resolution. Furthermore, the firm’s divorce lawyers will assist with all relevant documentation and prepare you for every aspect of your case.
The first steps in the divorce process in Florida are:
- Pick up a divorce packet from your local court or download divorce forms from the Florida Courts website
- File a Petition for Dissolution and pay the fee (or have it waived, if applicable)
- File an Answer to Petition and Counterpetition
Once you have filed for divorce or responded to a divorce petition, you will either go the route of an uncontested divorce (without court) or a contested divorce (in court). This depends on whether or not you and your spouse are able to agree on the terms of your divorce, such as property division, custody, and support.
In some cases, both parties want an amicable end to the marriage. When the divorcing couple is willing to cooperate, no litigation is required. Both parties must agree upon the division of property and debt. This is known as simplified dissolution of marriage. In this event, the matter is resolved outside of court.
During an uncontested divorce, dedicated attorneys guide you through the process. Utilizing professional experience, our Florida divorce lawyers draft pleadings and build your marital settlement agreement with your needs prioritized.
In the event your divorce is not fully uncontested, a team of reputable attorneys will negotiate on your behalf. The Virga Law Firm’s divorce attorneys excel at mediation and reaching optimal solutions. Your needs are our priority.
In cases where one or more parties cannot agree on terms, this is known as regular dissolution of marriage, or a contested divorce. Often, volatile emotions are involved in contentious divorce proceedings, and many prospective clients undergo significant emotional stress. Our passionate litigators will work tirelessly to defend your rights and interests during this turbulent time.
Sometimes prospective clients question the difference between annulment and divorce. With annulments, the dissolution is based on the premise that the marriage is void by law. As for divorce, the parties are considered ending a legally valid marriage. Since Florida lacks an annulment statute, there are no definitive fixed steps for proceeding. Annulments are typically more difficult to attain because they require a higher burden of proof.
Within the state of Florida, some of the grounds for annulment are as follows:
- Underage Spouse - While uncommon, this still occurs from time to time. If any party was under 18 years old and lacked either parental consent or court approval, pursuing annulment is permissible.
- Fraud or Duress - A valid marriage consists of two free and voluntary parties. If any party was forced to enter the marriage under coercion or threat, this is duress. Correspondingly, if any party enters the marriage under false pretense, this is fraud. Showing either of these conditions is grounds for annulment.
- Capacity - Grounds for marriage dissolution via annulment also includes mental incapacity and physical disability. Concerning mental incapacity, the petitioner would have had to discover the disability after the marriage occurred. The influence of alcohol or drugs during the time of marriage could affect one’s capacity for consent.
Common Mistakes in Divorce
Divorce can be one of the most challenging periods of a person's life, often marked by emotional and financial upheaval. Unfortunately, the heightened stress can lead to common mistakes that may prolong the process or result in unfavorable outcomes. Here are some of the typical pitfalls:
- Lack of Preparation: Many individuals enter divorce proceedings without a comprehensive understanding of their financial situation or the implications of their decisions. This can lead to settlements that do not reflect their best interests.
- Letting Emotions Drive Decisions: Divorces often involve intense emotional reactions, which can cloud judgment. Decisions driven by anger or hurt can sabotage negotiations or lead to unnecessarily contentious disputes.
- Failure to Communicate: Poor communication between spouses can lead to misunderstandings and missed opportunities for a resolution, creating an adversarial atmosphere in otherwise agreeable situations.
- Overlooking Long-term Impact: Some focus solely on immediate relief, such as retaining the family home, without considering long-term financial sustainability.
- Neglecting Legal Advice: Attempting to handle the divorce independently can result in overlooking critical legal details that affect asset division, custody, and support payments.
How a Florida Divorce Attorney Can Help
Navigating a divorce requires substantial experience and strategic foresight. Few people have an understanding of all the legal intricacies involved in the divorce process, which is why having a knowledgeable Florida divorce lawyer is important.
Here’s how a divorce lawyer can help you avoid these mistakes:
- Comprehensive Financial Planning: An attorney will assist in inventorying assets and liabilities, ensuring you have a clear picture of your financial situation to make informed decisions.
- Objective Guidance and Support: Divorce attorneys provide a level-headed perspective, helping clients remain focused on the practical aspects of divorce instead of letting emotions guide the process.
- Effective Communication Facilitation: Attorneys can act as mediators, facilitating better communication between spouses to achieve amicable settlements and keeping the discourse centered on productive outcomes.
- Protecting Long-term Interests: By helping evaluate the long-term ramifications of each decision, a lawyer ensures that clients choose options beneficial for their future.
- Comprehensive Legal Counsel: With extensive knowledge of family law, a Florida divorce attorney ensures compliance with all legal requirements, preventing costly mistakes and protecting clients’ rights and interests.
A skilled attorney can be instrumental in navigating the complexities of divorce, providing peace of mind and a path toward a stable future. Reach out to the experienced team at the Virga Law Firm to ensure your interests are diligently represented throughout the divorce process.
Protect Your Family's Future with The Virga Law Firm
Going through a divorce can be emotionally challenging and legally complex. At The Virga Law Firm, P.A., our experienced Florida divorce lawyers are dedicated to helping you navigate the legal process with compassion and expertise. We understand the importance of protecting your family's future and will work tirelessly to achieve the best possible outcome for your case.
When you choose The Virga Law Firm, you can expect:
- Personalized attention and support throughout your case
- Thorough knowledge of Florida family law and divorce proceedings
- Strategic legal representation tailored to your unique situation
- Effective communication and timely updates on your case
- A commitment to achieving the best results for you and your family
Don't face the challenges of divorce alone. Contact The Virga Law Firm today to schedule a consultation with a skilled Florida divorce lawyer who will fight for your rights and protect your family's future.
At The Virga Law Firm, our seasoned litigators will use personalized assessments to determine the best path for resolution. We proudly serve Orlando, Navarre, Pensacola, Fort Walton Beach, Panama City and Panama City Beach, Florida. Whether through annulment or divorce, let our Florida divorce attorneys develop an individualized strategy to best meet your goals.
To determine whether divorce or annulment best suits your legal needs, contact our dedicated Florida divorce lawyers at (800) 822-5170 for a consultation today.
Our Core Values
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The Client Comes First and All Else Will FollowWe take pride in delivering best-in-class client service and experience, understanding the privilege and responsibility we have when assisting clients and their families through legal matters. It is our highest obligation.
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Authenticity and TransparencyWe believe in being transparent about who we are, with ourselves, each other, and our clients and partners. This authenticity builds trust and fosters strong relationships.
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Growth MindsetWe continuously learn, grow, and improve as individuals, as a law firm, and as advocates for our clients. We set and exceed both personal and professional goals to ensure ongoing development.
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Results DrivenWe focus on outcomes and disregard the level of effort required. We have the vision and the discipline to do the work and face challenges to make our vision a reality for our clients.
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Respect and Celebration for One AnotherWe support each other with kindness and respect, emphasizing a positive work culture and celebrating along the way. We respect our clients and support them through their challenges.
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Unquestionable IntegrityWe stand up for what’s right with consistently sound ethics and courageous honesty. Our integrity is the foundation of our practice and guides our actions and decisions.
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We are in it TogetherWe are client and team-focused, committed to the firm’s vision, and act for the greater good. We carry our weight, bring others along, and act with civility, candor, and respect in all interactions.
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ReputationReputation is everything. We strive to have the best personal and professional reputations. We want our reputation to precede us and for opposing counsel to know we are committed to fighting for our clients.
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Community StewardshipWe embody the concept of giving back to the community. The Virga Law Firm is committed to supporting and improving the community through responsible and caring actions, setting an example of character.