Our Divorce Attorneys Have Your Whole Family in Mind
The Family Law Offices of Bogin, Munns & Munns offer complete family law services, including divorce proceedings, for those in Orange, Osceola, Brevard, Volusia, Lake and Alachua Counties.
A divorce can be relatively uncomplicated and fairly quick, or it can drag out and sometimes take years to complete.
No matter the style of divorce, it is always best to have legal representation from an attorney experienced in the many issues involved during the divorce process. Many decisions will need to be made such as the division of assets and debts, disposition or transfer of real property, retirement accounts, child issues such as timesharing, parental responsibilities, child support, educational and medical decisions, and spousal support.
Having an experienced and knowledgeable attorney is important from the filing of the initial petition, all the way through to a final judgment to ensure your interests are addressed and protected. The process of obtaining a divorce can be hard on all family members, especially children. At Bogin Munns & Munns. we are dedicated to helping clients complete their divorce as smoothly as possible.
Different Types of Divorce
- Uncontested Divorce – All divorces are considered contested, until they are not. The term “uncontested” means that the parties have, or will, reach an agreement on all decisions in their particular situation. This means that nothing will have to go before a judge for a decision on how to divide property or how to share their children. The parties often reach consensus on these issues out of consideration for each other and their children. It is the fastest and least expensive type of divorce.
- Contested Divorce – The parties cannot, or will not, come to agreement on the major issues in their particular situation and require the courts to intervene and make the decisions for them. This can be quite traumatic and stressful as the decisions for things like child care, timesharing and other personal family issues are no longer within your control and have been given to a judge. Experience has shown that it is always better for the parties to come to an agreement on such family matters than to give that control over to a judge. It only takes one party to be unreasonable or want to WIN for a case to go to trial, but if BOTH parties are reasonable and consider what is best for their children and themselves, then an agreement will normally be the result. Everyone must remember… NO ONE WINS IN A DIVORCE. If the case goes all the way to trial it can take a year or more to complete, is time consuming and expensive for both parties.
- Mediation – If the parties are unable to reach an agreement, the first step in the process is usually that of mediation. In this process, the parties go before a mediator who tries to help them get over whatever obstacles there may be which obstruct the ability to agree. We are experienced in the mediation process and may be able to help couples reach agreements. This helps avoid the high costs associated with litigation in contested divorces and benefits the parties, their children and other family members by allowing the marriage to an end more peacefully and without further court intervention.
Modifications of Agreement/Orders
In some cases, circumstances of life can significantly change following a divorce, such as finances, health, job relocation or a new marriage. The standard set for filing for such a modification is that of a “substantial change in circumstances.” This could be a result from changes in income, health, relocation, and many other life events that could affect the ability to adhere to the previous agreement.
It may be possible to amend previous agreements, but it should be accomplished with an attorney who can professionally present the case to the court. The burden of proof is on the party requesting the modification and a judge will be reluctant to change any previous agreement, unless the burden of proof can be met. Any modifications involving children must always meet the burden of being “in the best interests of the children,” not the best interests of the parents.
In a divorce, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:
- The contribution to the marriage by each party, including contributions to the care and education of the children and services as homemaker
- The economic circumstances of both parties
- The duration of the marriage
- Any interruption of personal careers or educational opportunities of either party
- The contribution of one spouse to the personal career or educational opportunity of the other spouse
An injunction against domestic violence helps protect individuals who are in fear from being the victims of domestic violence.
If you feel that you are in need of an injunction against domestic violence, it is important to have representation from an experienced Family Law Attorney. Our Family Law Attorneys can assist you.
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Request a consultation by filling out the form below, or call us at 855.686.6752. We have over a dozen offices located in Orlando and across Central Florida. We’re happy to answer any of your questions.