Brevard County Divorce Attorneys
Divorce proceedings can be emotionally challenging and legally complex, particularly when significant assets, children or business interests are involved. The dissolution of marriage process in Brevard County requires careful navigation of Florida family law statutes and local court procedures to protect your rights and interests.
Goldman, Monaghan, Thakkar & Bettin, P.A., based in Cocoa, can help. Our lawyers practice in multiple areas of law, including family law, criminal defense and estate planning. We understand the interconnected nature of legal issues that arise during divorce proceedings. Whether you need representation in a contested divorce, assistance with collaborative divorce proceedings or guidance through mediation, we will develop a strategy that meets your needs. The Brevard County Clerk’s office processes all divorce filings, while the Brevard County Family Court handles contested proceedings. We are familiar with these and other facilities.
Florida Divorce Requirements
Florida is a no-fault divorce state, meaning you do not need to prove wrongdoing by your spouse to obtain a divorce. To file for dissolution of marriage in Florida, either you or your spouse must have been a resident of the state for at least six months immediately before filing the petition.
This can get complicated though based on where your minor child(ren) currently resides or has resided for the last six months. Additionally, the existence of property, such as the home you shared with your spouse or someone else is in another county.
The divorce process begins when one spouse files a Petition for Dissolution of Marriage with the appropriate circuit court. The filing spouse, known as the petitioner, must serve the petition on the other spouse, called the respondent. Once served, the respondent has 20 days to file an answer with the court. Unfortunately though, many pro se litigants fall victim to a respondent “dodging service,” which significantly slows down the dissolution matter.
Choosing Your Divorce Path
What you can expect during the divorce process depends largely on your specific circumstances and the level of cooperation between you and your spouse. Collaborative divorce may be appropriate when both parties are willing to work together with their attorneys to reach mutually acceptable agreements.
This is also often called an “uncontested divorce,” and is the most cost effective means to get divorced. Sometimes, mediation or other ways to discuss terms in an amicable way are used to come to a resolution which avoid significant court involvement.
However, when domestic violence is present in the relationship, these collaborative approaches may not be suitable or safe. If you are in the middle of a family law matter, domestic violence can change the amount of time someone can timeshare with the minor child or how often you, the victimized spouse, is forced to co-parent with the offending party. Our firm also practices criminal law and understands the serious nature of domestic violence cases.
Contested divorces that proceed to trial involve more formal court proceedings where a judge makes final decisions about disputed issues. Regardless of which path your divorce takes, important considerations must be addressed including child custody arrangements, spousal support determinations, tax implications of property division, potential relocation issues and equitable distribution of marital assets including real estate, retirement accounts and business interests.
How Easy Is It To Represent Yourself In A Brevard County Divorce?
The availability of online divorce forms through Brevard County Pro Se resources may make self-representation appear straightforward and cost-effective. Many divorcing couples are tempted to handle their own cases, particularly when they maintain a friendly relationship and believe they can work through issues amicably.
It is very important to have competent and zealous representation in your family law matter, as it is more difficult to undo a judge’s previous order absent a substantial and unanticipated change of events.
Hidden Complexities
However, the apparent simplicity of divorce forms can be misleading. Even when spouses are collaborative and initially agree on major issues, numerous legal and financial considerations may not be immediately obvious to those without legal training. Property valuation, tax consequences of asset transfers, pension rights, debt allocation and future modification of support orders are complex areas where mistakes can have lasting financial implications.
More specifically, if you misrepresent your financial situation to the court, even if it is accidental, there can be vast negative consequences in your family law matter. Such mistakes can cost you money in what you’re owed in the first place or in litigation later on to correct the mistake.
The Value Of Legal Representation
The collaborative nature of your relationship with your spouse actually presents the ideal time to formalize agreements with proper legal guidance. When both parties are willing to cooperate, an attorney can help you create comprehensive agreements that protect both spouses’ interests and anticipate future needs.
Having an attorney represent your interests during divorce proceedings is an investment in your future and your children’s well-being. Legal representation helps identify potential issues before they become problems and creates enforceable agreements that provide security for years to come.
Contact Our Brevard County Divorce Attorneys
For answers to your divorce questions or to discuss your situation in detail, contact our office. At Goldman, Monaghan, Thakkar & Bettin, P.A., we understand that divorce affects every aspect of your life, and we are committed to protecting your rights throughout the process. Call us at 321-639-1320 to schedule a consultation, or contact us online. Our office is conveniently located in Cocoa, and we provide comprehensive family law services to individuals and families throughout Brevard County, Florida.