Divorce Attorney in Orlando
Divorces in Orlando
Divorces are tough. You can never take back the time you invested in a marriage, but with the help of an experienced divorce attorney, you can avoid spending more money, time and effort on your divorce. At the Law Office of Mark Bakay, we offer the quality legal support you need to get through the toughest parts of your case and are prepared to help you until the very end.
Division of Property
One of the most significant challenges in dissolving a marriage is the distribution of assets. Florida is an equitable distribution state which means that all marital property -benefits, funds, and rights accrued during the marriage- is divided in a fair and equitable manner.
It’s also important to understand that individual property can lose its protected status if it is mingled with marital property. For instance, if you deposited an inheritance (separate property) into a shared bank account (marital property), it may be subject to distribution.
Typically, the distribution of wealth by the court is recognized as equitable, but there are situations in which the court awarded one party a substantially higher portion based on factors like a financial disadvantage or marital misconduct.
If you are currently facing divorce proceedings, contacting the Law Office of Mark Bakay could be a vital step in protecting the assets you worked so hard to earn.
In Florida, alimony may be granted to either party and is determined by the requesting spouse’s financial need and the other party’s ability to pay. The four types of spousal support are bridge-the-gap, rehabilitative, durational, or permanent alimony. The judge may order periodic, lump sum payments, or both.
Permanent alimony is typically awarded to spouses, who were homemakers in a long term marriage, who lack the capacity to become self-supporting at the standard of living established during the marriage. All other temporary alimony awards are intended to help a spouse financially until they become self sufficient. For instance, rehabilitative alimony is specifically intended to help a spouse acquire a job through formal education or vocational training. While bridge-the-gap alimony might provide for temporary living expenses until the dependent spouse sells their house or completes an education program.
To receive alimony, the petitioner must ask for it in the original or counter petition. If not requested before the final hearing, alimony is waived and cannot be claimed later.
Child Custody & Visitation
Florida law requires the establishment of a parenting plan before awarding custody in court. The parenting plan outlines the upbringing of minor children, along with the custody and visitation rights of both parents. If both parents cannot design a parenting plan on amicable terms, or the court does not approve of the submitted proposal, the judge will determine custody based on the best interest of the child.
When deliberating on a parenting plan, the judge may consider any factor they deem relevant to the wellbeing of the child, including each parent’s moral character and criminal record. Parents who have been convicted of a misdemeanor of the first degree or higher, and or have pending actions of domestic violence, sexual violence, or child abuse and neglect, may be barred from shared parental responsibility.
If you are facing a child custody dispute, protect your parental rights with help from Law Office of Mark Bakay.
The Law Office of Mark Bakay Takes on Divorce Cases in Orlando, FL
A divorce can be a long emotional and financial nightmare. However, hiring the right attorney could be the key to a faster and less expensive experience. At the Law Office of Mark Bakay, our legal team has the knowledge and tenacity necessary to achieve the best possible outcome for your case. Call today to schedule a consultation and get the honest representation you need to move on with your life.