Facing a divorce can feel overwhelming, but our legal advocates provide the guidance and support you need throughout the process. The first step in any divorce is filing a Petition for Dissolution of Marriage with the county clerk, showing that the marriage is irretrievably broken and detailing the terms that must be addressed, such as asset division, alimony, child support, custody.
Divorces can be contested or uncontested, but they are never easy. Still, it is far more beneficial, both emotionally and financially, to resolve divorce matters outside of court. However, if such settlement is not in our client’s best interests, our attorneys at Lobb & Mohr are prepared to bring your case to court promptly.
At the beginning of your divorce case, you may feel that you and your spouse will never be able to agree on anything. But our attorneys can help you save time and money by resolving your legal issues outside of the courtroom. We are skilled negotiators and trained mediators who strive to resolve conflicts with the least stress possible.
In an uncontested divorce, the parties reach agreement on the following issues:
Our family lawyers write up a Marital Settlement Agreement detailing the terms to which you both have agreed, and the agreement is then signed by a mediator.
Unfortunately, most divorce cases are neither simple nor amicable, especially when children are involved. The majority of divorces are contested divorces, in which parties cannot agree on the terms of the divorce, and the case moves to family court for resolution. Contesting a divorce, while it may be necessary to safeguard your best interests, can be mentally, emotionally and financially draining. Throughout this difficult process, you need lawyers you can trust to navigate the details of every term on your behalf. Lobb & Mohr has more than 38 years of trial experience, so we are well prepared to fight to reach the best possible outcome for our clients.
In Florida, property division refers to the equitable distribution of marital assets and liabilities between two parties following their divorce. “Equitable” does not mean exactly equal in economic or sentimental value, however, and many factors determine how the distribution will work. For instance, if one spouse was unable to continue a career or pursue educational opportunities due to marital responsibility, or if one party wishes to keep a large asset such as a business or house independent of the other party, those circumstances may justify an unequal division of property. This may also be the case when one or both parties retain military benefits or a pension or other retirement assets.
At Lobb & Mohr, we look at the specifics of each case to identify the optimal balance in distribution of assets and liabilities.
Severing financial ties, even though the distribution is deemed equitable, can leave one spouse at a significant financial disadvantage. If one party has taken time away from a career, discontinued professional education, or for other reasons cannot independently support the standard of living to which the family has been accustomed, alimony, sometimes referred to as spousal support or spousal maintenance, may be in order.
The first step in awarding alimony is determining whether one party truly needs it and that the other party has the ability to pay it, considering all the other financial terms of the divorce. Florida law permits four types of alimony:
Alimony may be awarded in a lump sum, periodic payments, or both. The type and amount of alimony ordered depends on the length of the marriage, the standard of living enjoyed during the marriage, the earning capacity of each party, each spouse’s contributions to the marriage, and many other factors.
Getting a divorce will change your life, and our family law attorneys work to make sure this change puts you on a positive path. Our firm represents clients in and around Bartow, including Lakeland, Winter Haven, Polk City, Mulberry, Homeland, and throughout Polk and Hardee counties. For reliable, confident legal representation, call the Lobb & Mohr at 863-410-0134 or contact us online today to schedule a free initial consultation.