BEST Divorce Attorney Near Orlando
Divorce is a complex and emotionally charged process that can significantly impact your life, making it essential to have a knowledgeable and experienced Orlando divorce lawyer like Sean Smallwood by your side. In Florida, various types of divorce, such as contested, uncontested, and collaborative divorces, each come with their unique challenges and legal intricacies. Hiring Sean ensures that you navigate these complexities effectively, safeguarding your rights and interests throughout the process.
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A contested divorce involves disputes over issues like child custody, spousal support, and asset division, requiring legal expertise to advocate for your position in court. On the other hand, an uncontested divorce, where both parties agree on all terms, still benefits from legal guidance to ensure that agreements are fair and legally sound. Additionally, collaborative divorces focus on resolving disputes amicably through negotiation and mediation, with a lawyer facilitating constructive dialogue and equitable solutions. No matter the type of divorce, having a dedicated Orlando divorce lawyer can make a significant difference in achieving a favorable outcome and helping you move forward with confidence.
Contested Divorce in Orlando
We also feel very strongly that many people seeking the best divorce attorneys near you in Orlando, Orange County, Florida, and other areas of Central Florida have not explored every possible option to avoid divorce, and that is why we encourage every potential client to at least try to seek marriage counseling before finalizing their case. We also believe that every Orlando, FL divorce lawyer should be advising their clients that a reasonable settlement is in these best interests.
A contested divorce is any divorce where a case has been filed and the parties to the divorce are not in total agreement on how the issues in the case should be resolved (in general, an “uncontested divorce” is where the parties agree). The most common legal issues that can cause an Orlando, FL, divorce to go through contested litigation are child custody issues, child support issues, spousal support, the division of assets, and the division of debts. The most common of these is child custody in divorce.
All contested divorce actions will need to go to court-ordered mediation, and our experienced divorce mediation lawyers will work hard to achieve an amicable resolution to every dissolution of marriage. The good news is that many cases settle at mediation and do not need to go any further in the litigation process. However, if the parties do not settle their issues at mediation, then they will need to get ready for trial.
Uncontested Divorce in Orlando
Our attorneys will always seek a peaceful path for your Orlando, FL uncontested divorce or family law case, and are experienced in obtaining peaceful settlements without the need for costly litigation. This is part of our commitment to provide the best legal advice when we represent clients who need our help to advocate for their rights.
Other cases will be settled after the discovery process at a mediation conference. When either of these happens it means that the remainder of the case proceeds on an uncontested basis. Florida uncontested divorce cases still need to go in front of a judge for a final determination of the dissolution of the marriage, but, only one of the parties needs to attend any hearings of this type only last a few moments.
Your Orlando family lawyers will explain to you that the case can only move forward as an “uncontested” case only when the parties to the case are in complete agreement on all issues. Any disagreement on any issue would require litigation of your case, which is why having a good strategy and an ability to negotiate is crucial to your case. Our contested divorce lawyers in Florida can help you. If you are looking for a men’s divorce attorney near you in Florida, we can help!
Whether you have a divorce, marital, or other family law issue, sometimes there is no choice for parents other than to involve the divorce courts.
Orlando family lawyer Sean Smallwood is familiar with a wide array of legal issues and strategic maneuvers that need to be addressed in your family law case in order to maximize the odds that you will obtain the best possible result while spending as little in attorney fees as possible.
Parents who are going to court need to remember that regardless of any emotional hurts they may have toward the other party, the courts will be looking to make sure that everyone’s conduct during the case is going to benefit the best interests of the children involved in the case.
Call Our Divorce Lawyers Near You Today To Discuss Your Case: 407-574-6155
Annulment vs Divorce in Florida
Maybe you are wondering why you need a lawyer for an annulment. Well – an annulment works much like a divorce, with some differences. It’s important to have a lawyer to represent your best interests when you’re seeking an annulment – we can help.
Our goal in representing you for your legal issues is to showcase our litigation skills so that you all feel we are providing the zealous representation in your difficult situation that you expect when you retain our family law firm. Whether your case settles at meditation or goes to trial, we will provide the help you need to move on with your life.
Orlando Divorce Costs & Attorney Fees
Divorce cost in Florida is one of the most important factors that people facing a divorce will initially have to deal with.
While every divorce attorney may charge a slightly different retainer to start work, it is universally understood that divorce and family law lawyers in Orlando, FL charge a specific hourly rate for their time, they keep track of how much time they spend on your case and then bill that time against your retainer.
There are two common types of fee structures that one will usually see. These can be grouped into one of two classes: Non-refundable fees or Refundable fees.
Non-refundable fees are by far the most common type of fee charged by an Orlando divorce attorney near you. The main drawback to these types of fees occurs when a case settles early or a client wants to change to a different attorney. Often these clients will ask about a refund of remaining funds only to be told: “Sorry, that was a non-refundable fee”. You should always be educated on what a nonrefundable retainer entails.
“When people find out that we offer refundable fees, I think they realize that they really can trust us as their divorce and family law attorney.” –Sean Smallwood, Esq.
At our Orlando divorce law firm near you, the majority of our dissolution-of-marriage clients are quoted a refundable deposit amount. Since the fees are refundable any unused portion at the end of the case will be given back to the client and the law firm will not keep funds that are not actually earned by performing work on the case.
Under this fee structure, the divorce law firm is essentially doing the work in advance on a monthly basis before getting paid. This also increases the firm’s incentive to do great work for our clients, knowing that they can take their funds elsewhere if they are not satisfied.
Need the Best Divorce Lawyer Near You in Orlando, FL?
We understand Florida divorce law and work to strategically obtain the best outcome for your divorce or family law case, whether by amicable settlement or in a court of law.
Our Orlando divorce lawyers near you understand the emotional aspect of every case, and our law firm pays close attention to protecting children from the damage that legal issues in a complex divorce or family law matter can inflict in Orlando, Florida.
The Florida divorce process is complicated. Whether you have been a victim and need the help of a domestic violence attorney, or are faced with a dissolution of marriage, or other family law matter involving time-sharing with children, spousal support, property division, attorney’s fees, or any other associated legal issues, it is highly recommended that you consult an experienced divorce attorney in Orlando, FL. We also help clients in other cities such as our top rated Lake Nona divorce lawyer.
Filing for divorce in Florida is a legal process that requires careful consideration and preparation. From the initial consultation, you will rest assured that you have found a divorce advocate who cares about and puts your best interests first. Contact us today!
Does A Orlando Divorce Court Backlog Impact My Case?
However, there are specific circumstances where court appearances might be necessary:
- Contested Divorces: If there are significant disagreements between the parties on issues like property division, child custody, or alimony, a judge may need to intervene to make decisions.
- Child Custody Matters: Even in uncontested divorces, if child custody is involved, a judge may require a hearing to ensure that the child’s best interests are being protected.
- Complex Financial Situations: In cases with complex financial arrangements, such as business ownership or substantial assets, a judge might need to oversee the division of property.
- Domestic Violence or Abuse: If domestic violence or abuse is alleged, court appearances are typically required to address safety concerns and protective orders.
Sean Smallwood can advise clients on whether their specific situation requires a court appearance and guide them through the process accordingly. He will work diligently to minimize the need for unnecessary court hearings while ensuring that the client’s rights and interests are fully protected.
State and Local Laws That May Impact An Orlando Divorce Process
While there are no local laws that directly supersede state law in divorce cases in Orlando or nearby towns, there can be local ordinances or regulations that can influence certain aspects of the divorce process.
For example:
- Zoning Laws: If the parties are involved in a dispute over the division of property, particularly real estate, local zoning laws can impact the potential use or value of the property.
- Family Court Rules: Local family courts may have specific rules or procedures that govern the divorce process, such as deadlines for filing documents or requirements for mediation.
- Child Custody Guidelines: While child custody laws are primarily governed by state statutes, local guidelines or best practices can influence how these laws are applied in specific cases.
It’s important to note that Sean Smallwood is familiar with these local factors and can provide tailored advice to clients based on their specific circumstances. His expertise in both state and local laws ensures that clients receive comprehensive guidance throughout the divorce process.
Local Cost of Living and Its Impact on Orlando Divorce Proceedings
Property Division
- Real Estate Values: The value of a home or other real estate assets is a crucial factor in property division. Sean Smallwood carefully considers the current market value of properties located in Orlando, taking into account recent sales data, comparable properties, and local economic trends. This ensures that the division of real estate assets is fair and equitable based on their true worth.
- Maintenance Costs: The cost of maintaining properties, such as mortgage payments, property taxes, insurance, and utilities, can impact the division of assets. Sean Smallwood helps clients assess these ongoing costs and factor them into the settlement agreement to ensure a fair distribution.
Financial Settlements
- Alimony and Child Support: The cost of living in Orlando directly affects the calculation of alimony and child support payments. Sean Smallwood analyzes the expenses of both parties, including housing, transportation, food, healthcare, and other essential needs, to determine appropriate support amounts that align with the local standard of living.
- Standard of Living: The overall cost of living in Orlando plays a role in determining the standard of living that each party can reasonably maintain after the divorce. Sean Smallwood helps clients negotiate settlements that allow them to preserve their quality of life based on the economic realities of the area.
By understanding the local cost of living and its impact on property values and financial obligations, Sean Smallwood provides clients with informed guidance and helps them negotiate fair and equitable settlements. His expertise ensures that clients are not disadvantaged by the economic factors unique to Orlando.
Orlando Divorce Frequently Asked Questions (FAQs)
We receive countless questions every single day regarding divorce issues in Florida and we do our best to write legal blog posts for our blog that address these FAQs. We have also begun filming short informational divorce attorney videos which we also post on our website. Some of the recent videos that we have created which address some common divorce questions are included above.
How do divorces involving children with autism differ from other divorces?
Divorce involving children with autism is a very complicated area of divorce when the case involves custody of children with special needs such as autism. When a child has a disability or special need there is always a laundry list of therapy appointments, doctor appointments, and school meetings that are scheduled and that the parents are expected to attend. It is very important for any parent going through a divorce and dealing with custody issues that involve children with special needs to be as involved as possible in these types of appointments and therapies.
How are domestic violence allegations handled in Orlando divorces?
One very common and very heartbreaking legal issue that divorce attorneys in Orlando have to grapple with on a regular basis is divorce including allegations of domestic violence. One of the biggest problems with domestic violence allegations coming out during the divorce is the fact that there are a very large number of petitioners who make false or exaggerated claims of domestic violence in order to gain an advantage in the case. Because of this fact, the courts are very cautious when evaluating allegations of domestic violence and sometimes may even be forced to deny claims of violence even when they are legitimate. When someone is a victim of domestic violence they will go to the clerk of court office and complete a petition for protection against domestic violence. A duty judge will review the petition to see if the allegations if assumed to be accurate, would satisfy the statutory requirements for an order of protection to be entered. If it is granted it is temporary and an evidentiary return hearing is scheduled within a couple of weeks to decide if the injunction will be made permanent or will be dismissed.
What is temporary relief in a divorce, and how can it be requested?
It is very common for there to be a need to request a temporary relief in divorce order. This can be for temporary custody, temporary child support, temporary alimony, temporary equitable division, or temporary attorney’s fees. Here in Orlando, Florida, there is an administrative order that states that the case must have been through the first mediation before one can request a hearing for temporary relief.
How does child relocation work in a divorce?
Whenever it comes to divorce and child relocation, where one of the parents wishes to change the child’s residence to a distance greater than 50 miles, there is a need to file a specific type of petition requesting a relocation. Relocations are a highly complex area of family law and require a high degree of strategy. It is recommended to retain the help of a child relocation attorney to help you navigate these matters.
How is a marital business divided during a divorce?
Dividing a marital business is essentially any business that is opened during the marriage and is subject to equitable division just like most other marital assets. If the parties are not able to agree on the value of the business then a business valuation expert must be retained in order to address business value. Though the business is rarely sold in order to achieve division, the lawyers must figure out realistic ways to achieve equity.
Can custody arrangements be modified after a divorce?
After the final judgment has been entered there is always a possibility for modification of custody after divorce, modification of parenting plans, child support payments, and alimony payments. Anyone asking for a modification must assert a substantial change in circumstances as this is what the statute requires. The key takeaway here is that if there has not been a sufficient change in circumstances then the petition for modification likely will not survive a motion to dismiss.
What happens if assets are hidden during a divorce?
In Orlando divorce cases, it is uncomfortably common for a party to attempt to hide assets and income during the divorce from the court. This can be done in an attempt to reduce support payments and may require additional financial discovery, depositions, non-party subpoenas, and other maneuvers to uncover.
What are grandparents’ rights duirng divorce in Florida?
Florida law regarding grandparents’ rights is limited and specific. Our grandparents’ rights attorneys in Orlando can help.
Why is hiring a men’s divorce attorney advantageous in Florida?
Men can face certain pitfalls during the divorce process. Our men’s divorce lawyer in Orlando is ready to help.
How can hiring a lawyer that specialzes in women’s divorce help?
Navigating a divorce, and after effects, can present various challenges. Our nearby divorce attorneys for women can help.
How are high asset divorces handled?
Divorces can become more complicated when they involve high-net-worth individuals. Our Orlando high-net-worth divorce attorneys have the experience you deserve.
What is the role of prenuptial and postnuptial agreements in a divorce?
Our experienced prenup lawyers in Orlando can help you create prenuptial and postnuptial agreements.
Divorce can be an overwhelming and emotionally taxing experience, making it crucial to have the right legal support. Sean Smallwood, a compassionate and knowledgeable Orlando divorce lawyer, leads with solid legal advice to help you navigate these challenging circumstances. Whether you are dealing with a contested, uncontested, or collaborative divorce, Sean’s expertise ensures your rights and interests are effectively safeguarded.
If you are facing divorce or any related family law issue, Sean Smallwood is here to provide the support and guidance you need. Contact us today at 407-574-6155 or complete the form below to discuss your case and start your journey toward a favorable resolution.
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