I provide skilled, compassionate representation to meet the best interests of those who are facing dissolution of marriage in Sarasota and Manatee Counties . I understand that divorce impacts the entire family, both during the divorce process and beyond. For that reason, I help clients reach the most amicable resolution possible through effective negotiation. I also understand that this may not be feasible for every divorcing couple, and I provide aggressive representation in the courtroom when required. My thorough understanding of issues surrounding divorce, including child custody and child support issues, helps me look out for the future needs of your family.

Florida Dissolution of Marriage 

The breakdown of a marriage is likely one of the most stressful times in a person's life, and divorce is a daunting task to undertake alone. I can guide you, professionally yet compassionately, through this often difficult time. If you are contemplating dissolution of marriage, call Carmen Lubbecke, P.A. today.

Many individuals experiencing divorce find themselves so involved in the emotional and psychological aspects of the breakup of their family that they are unable to focus on the fact that the process of dissolution of marriage is a legal process. It is wise for parties to have a working knowledge of the legal issues involved in the divorce to avoid being overwhelmed by the emotional aspects. An experienced Florida divorce lawyer will work to protect your legal interests, allowing you to focus on yourself and your family.

Legal Issues Addressed by the Dissolution Process

In Florida, before granting an order dissolving a marriage relationship, a judge must address the following legal issues: jurisdiction and grounds, spousal support, property division, and, if there are children, custody, visitation, and child support. Each of these issues have many sub-issues which are resolved on a case-by-case basis in accordance with Florida statutes and case law.

Jurisdiction and Grounds

• Residency requirements
Florida law requires that at least one of the parties has lived in the state for at least 6 months prior to filing.
• Grounds

Because Florida is a so-called no-fault divorce state, the only determination the court must make regarding grounds is that the marriage is irretrievably broken or the mental incapacity of one of the parties.

Alimony

Under Florida law, the court must consider a number of factors in determining whether, what duration, and how much one spouse will be required to pay towards the support of the other spouse. The Court shall consider all relevant economic factors including the established standard of living during the marriage, the duration of the marriage, the age and physical and mental condition of the parties, financial resources of each party, contribution to the marriage, and when applicable, time necessary to acquire sufficient education or training to find appropriate employment. 

Distribution of Marital Assets

Florida requires equitable distribution of marital assets and liabilities. Marital assets and liabilities are assets acquired and liabilities incurred during the marriage by either spouse or jointly by them. Also included is the enhancement in value and appreciation of nonmarital assets resulting from either the efforts of either party during the marriage or from the contribution or expenditure thereon of marital funds. Nonmarital assets include the assets acquired or liabilities incurred prior to the marriage.  Because classification of assets and their  division can become one of the most contentious issues in a divorce, seek the advice and assistance of a Florida attorney familiar with the particulars of family law.

Child Custody and Visitation

The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. It is the public policy of the State of Florida to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.  Child custody matters can become emotionally charged to the detriment of both the parents and children involved. Because this is so, if you and your spouse have a dispute over custody of your children, obtain the guidance of an attorney well versed in Florida child custody matter.

Child Support

Florida child support guidelines include a complicated formula used to calculate which parent, if either, shall pay child support. The guidelines are presumptively fair and equitable and take into account several factors, including income of the parties and the amount of time the child spends with each parent. Child support matters are often contentious. Seek advice and assistance from a lawyer experienced in Florida Family Law.

Conclusion

Reaching the decision to end your marriage is tremendously difficult. Given the complicated and emotional issues with which you are faced in the process, the best advice is to work with an experienced Florida family law attorney. I can ease your stress as you move through this emotional legal process.