Skilled Treasure Coast Attorneys Who Can Help You Navigate Divorce
If you’re thinking about ending your marriage, we understand this is not a decision you have come to lightly. Going through a divorce is a major step and a complicated process that benefits from the careful consideration and attention of an experienced divorce attorney.
The lawyers at Napier & Rollin, PLLC, focus primarily on representing both men and women in all types of divorce cases in Indian County. We have the skill and wisdom to navigate the most complicated and unusual issues that may arise during the dissolution of your marriage.
What Are The Grounds For Divorce In Florida?
Florida is a no-fault divorce state. The only basis you need for a divorce is that your marriage is irretrievably broken. As long as one of the parties has been a resident of the State of Florida for more than six months prior to the date the petition is filed, the court has jurisdiction to dissolve the marriage. Except in rare circumstances where one party has never been a resident of the State of Florida, the court also generally has the ability to divide assets, apportion liabilities and award spousal support or alimony where appropriate.
Divorce Concerns We Help Resolve
Going through a Vero Beach divorce is a complex process as there are many different issues that must be addressed. Our experienced divorce lawyers know how to handle each of the following matters:
- Property division: Florida law presumes an equitable distribution of all marital assets and liabilities acquired during the marriage. This means that your property will be split in a way that is fair and reasonable, not necessarily equal.
- Child custody: If you and your spouse have children, the court may establish a “parenting plan” that determines each parent’s rights to make major decisions regarding the children, where the children will live and which parent must pay child support. Florida follows a “shared parental responsibility” model that ensures both parents are expected to partake in the responsibility and joy of parenting.
- Alimony: Also known as spousal support, alimony orders one spouse to pay financial assistance to the other spouse after divorce for a certain amount of time. Florida still grants alimony when appropriate, based on factors such as each spouse’s contributions to the marriage, the length of the marriage and more.
- Parental child abduction: This is one of the most heartbreaking things for parents and family law attorneys to confront. However, there are preventative and remedial measures available under the laws to help parents address parental child abduction. An attorney can help parents fight to protect their parental rights in these cases.
- Nuptial agreements: If you and your spouse have a prenuptial or postnuptial agreement, they must be followed when moving forward with a divorce. Our divorce lawyers can help ensure the terms are met or challenge poorly written agreements that may no longer apply.
Resolving these issues requires thorough consideration and care. We are equipped to take on any of these challenges and devise a strategy that will achieve our clients’ goals. In fact, we have cultivated relationships with other professionals such as forensic accountants, appraisers, vocational evaluators and forensic psychologists who often help us to build stronger cases and offer insight into how best to resolve different issues.
Preparing A Financial Disclosure
Full and candid financial disclosure is generally required in all cases. In fact, Florida requires certain documents and information, including a financial affidavit, to be provided to the other party within the first 45 days of any divorce case. These mandatory disclosures include things like the last three months of checking account statements, twelve months of other financial account statements, three months of pay stubs or income statements, and three years of tax returns.
Achieving A Favorable Settlement
Most Vero Beach divorce cases end with a settlement between the parties. More options are available in settlement than through litigation. Creative solutions can often be a win-win that preserves assets, lowers emotional tensions, benefits children and expedites both parties’ ability to move on with their lives. It’s best to negotiate from a position of strength where possible and to always be prepared to go to court when necessary. The best way to achieve a favorable settlement is to prepare for trial. The process flushes out the issues, helps both parties properly evaluate the risks, and places the client in the best position to achieve a favorable outcome.
Attorney’s Fees
If one party cannot afford an attorney but the other party is able to afford one, the court may order the wealthier party to pay all or a portion of the other party’s attorney’s fees. Sometimes, this is done only at the end of a case, so a party seeking a fee award may need to cover all or a portion of his or her own legal expenses up-front.
Collaborative Divorce In Indian County
For spouses who don’t want to go through the court system, collaborative divorce may offer an alternative solution. This method prioritizes cooperation and negotiation to resolve various divorce matters. Our lawyers are skilled at collaborative divorce and can help you navigate this option if it suits your needs.
Helping You Start Your Next Chapter
Divorce is a complex process that you don’t have to go through alone. Our Vero Beach divorce lawyers will walk you through the steps necessary to achieve a positive outcome that can help you move forward with confidence and peace of mind.
Call us today at 772-408-9770 or send an email online.
We serve people in the cities of Vero Beach, Melbourne and Stewart as well as Indian River, St Lucie, Barton and Brevard Counties.