Divorce & Dissolution of Marriage

Understanding Divorce Because it Matters

No one enters a marriage expecting it to end, but if you are facing the end of your marriage, it is important to know your options. In Florida, Divorce is called a Dissolution of Marriage.

Florida is a No-Fault Divorce State. This means you do not need to prove that your spouse did something wrong, such as infidelity or abuse in order to end the marriage. To file for Divorce, you or your spouse only needs to have lived in Florida for at least six (6) months, and you must state that the marriage is “irretrievably broken,” meaning it simply cannot be repaired. In addition, you do not need to be separated first and in fact you can file for divorce while still living in the same home as your spouse.

Types of Divorces-Uncontested or Contested

If you and your spouse agree on how to divide everything and have no minor children, or property, your case may in fact be Uncontested, which is one of the fastest and least expensive path Florida offers for a Divorce.

If there are disagreements about children, support, property, or assets the process for a Divorce, may become more involved, a Contested situation. This is where having an experienced attorney like Melissa Waldinger makes a Real Difference. Melissa has experience with Trials, Hearings, and has navigated Complex Financial Disputes, and helped hundreds of South Florida families in Child Custody/Time-Sharing Situation reach resolutions without unnecessary conflict or alternatively fought hard in Court for her clients when that was what the situation required.

Some Guidance

Dividing Property & Debts (Equitable Distribution)

Florida follows the principle of Equitable Distribution. The Court starts with the assumption that all Marital Assets and Liabilities, which are often inclusive of the Marital home, Bank Accounts, Retirement Accounts, and Credit Card Balances, should be split 50/50.

Does the word, “equitable” mean fair or equal, well not always exactly equal. A Court can adjust the split of 50/50, based on many factors, including but not limited to; each spouse’s financial situation, the length of the marriage, and each spouse’s contribution to the home. We will help you understand what you are entitled to and fight for a division that reflects the full picture of your marriage.

Marital Home can often be the most significant asset in a Divorce. Many times there are three options: (1) one spouse buys out the other’s share and keeps the home, (2) both spouses agree to sell the home and split the proceeds, or in cases involving minor children, (3) a Court allows one party to remain in the home temporarily to maintain stability for the children, often known as Temporary and Exclusive use of the Marital Home. Which path makes the most sense depends on your unique situation, and what you ultimately want. This is one of the most important conversations to have early in your case, and Melissa Waldinger will make sure to tailor each case uniquely to your circumstances.

Retirement Accounts

Retirement accounts, which include 401(k)s, IRAs, and pension plans, that were earned during the Marriage are considered Marital Assets and are subject to Equitable Distribution. Dividing them typically requires a Specific Court Order called a QDRO (Qualified Domestic Relations Order. In order to make sure that your Retirement Accounts are properly divided, and that the division is properly executed, Ask Melissa Waldinger for more information on Retirement Accounts.

Prenuptial Agreement and how they Relate to Divorce & Dissolution of Marriage

If you and your spouse signed a Prenuptial Agreement before Marriage, it may govern how assets and debts are divided in your Dissolution of Marriage Case, even governing whether Alimony/Spousal Support can be awarded. Florida Courts generally uphold valid Prenuptial Agreements. It is important to note that they can be challenged if one (1) party was pressured into signing, did not receive a full and fair financial disclosure, or if the Prenuptial Agreement was not reviewed by an Attorney at the time of signing. If a Prenuptial Agreement is involved in your case, we will review it carefully from the start. Melissa Waldinger is experienced in filing and fighting Divorces involving Prenuptial Agreements.

Spousal Support /Alimony

A Court may award Alimony, also knows as Spousal Support to either Spouse based on one Party’s financial need and the other’s ability to pay. In 2023, Florida law eliminated Permanent Alimony and established clearer guidelines that are tied into the length of marriage. The new Law/Statute states that Marriages under ten (10) years are considered Short-term Marriages, Marriages ten (10) to twenty (20) years are considered Moderate-term marriages, and anything over twenty (20) years is considered to be a Long-term Marriage. The length of marriage creates a starting point for how long Alimony/Spousal Support may last, making it easier to understand what to expect before you ever walk into a Courtroom. Whether you are seeking Alimony or concerned about being required to pay it, Melissa will give you an honest, realistic picture of what the law allows in your specific circumstances.

Mediation in Regard to a Contested Divorce

Before you can proceed to trial, the parties are required to attend at least one (1) Mediation. This is a structured session usually two (2) to four (4) hours with a neutral, certified Mediator whose job is to help both sides reach an agreement without going to trial.

Mediation is private, and less formal than Court, and gives you and the other parent more control over the outcome than a ruling would from the Court. If an agreement is reached, it is written into a Marital Settlement Agreement and a Parenting Plan, if you have children and submitted to the Court for approval. If Mediation does not resolve everything, the remaining issues go before the Court.

At the Law Offices of Melissa Waldinger, we offer reasonable pricing and payment plans. The goal is always to resolve your case as efficiently as possible, without sacrificing the outcome you deserve.