Types Of Divorce
An onslaught of emotions are typically found in every divorce. Amidst the emotional navigation, it is vital to obtain legal representation that focuses on your best interest. A Sarasota divorce attorney is ready to provide you with the legal counsel for your divorce, no matter how complex the circumstances.
What Are The Types Of Divorce?
Our Sarasota divorce attorneys approach every case with the utmost of professionalism, skill and dedication. Our attorneys understand how to effectively build your case to litigate and mediate numerous divorce matters. Our attorneys work to ensure you have a full understanding throughout all divorce-related matters, including divisions of assets and alimony support. The divorce lawyers with Tobaygo Law guide you through the divorce process to ensure your decisions are legally sound so you can begin to rebuild your life.
- Business & Divorce
- Collaborative Divorce
- Contested / Contentious Divorce
- Divorce With Young Children
- Doctor’s Divorce
- High-Asset Divorce
- Florida No-Fault Divorce
- Marital Business & Divorce
- Military Divorce
Business & Divorce
Adding a business of any capacity into the equation of divorce amplifies the need for mediation and attention to detail. Accurately identifying and distributing separate and marital property is a task best approached by a skilled divorce attorney. Dividing a business begins with identifying the ownership and value of the business. Your business will be valued by a professional to determine the assets, liability and business income. Depending on the status of the business, it will be placed at either a liquidation value or ongoing business value. Your lawyer will explain the approaches used when determining business value to help you determine the approach that will best work in your favor. An income based approach, an asset based approach or a market based approach will be used to value the business. All avenues around dividing the business will be explored and explained. Aspects such as record keeping, tax review and accounting will all be completed before the business may be divided. The tasks necessary for determining business value can cause varying levels of stress and strain amongst divorcing partners, which can further compound already strained relationships. Your lawyer will delve into all of the areas of valuing a business and devise an approach that benefits you and your needs.
With a collaborative approach, this type of divorce hinges on the couple’s ability to cooperate and problem solve to achieve a divorce. Both parties will partake in mediation and negotiation processes to achieve a civil division. If the couple can work together, this option can save money and save time throughout the divorce process. It is a goal for both partners to negotiate and achieve results that work in their favor.
Contested / Contentious Divorce
As the most difficult type of divorce, a contested or contentious divorce involves at least one spouse who disputes an aspect(s) of the divorce. This type of divorce is typically lengthy, stressful and expensive. A contested divorce will cycle through many arduous steps, such as serving divorce papers, waiting for response, pre-trial hearings, settlement proposals, trials, etc. Divorces may proceed to divorce court where witnesses are called upon and cross-examined before the court issues a final order and finalizes the divorce. Spouses embarking on a contested divorce require an experienced divorce attorney who can ensure their rights are protected.
Divorce with Young Children
A divorce between spouses with young children must abide by Florida standards. A parenting plan, child custody and child support requirements must be outlined by spourses during a divorce. During divorce with children a family lawyer will intertwine the needs of your child as well as your own. The focus is to achieve a separation between spouses while maintaining an exceptional level of care for your child.
If you or your spouse are a doctor or medical resident you may face different circumstances in your divorce. For many couples concerns such as debt or asset distribution or dividing a practice may arise. Our family law attorneys are experienced addressing a variety of issues:
- Student loans
- Non-traditional work schedules
- Valuing a practice or business
- Retirement accounts or programs
- Contingent lawsuits
- Tax issues
- Alimony claims
If a couple has accumulated a large amount of assets, property or wealth during their marriage, they are likely going through a high-asset divorce. Any property purchased after the marriage began are included in marital property. A high-asset divorce may contain the following assets:
- Business partnerships
- Securities, portfolios, stocks, bonds and other financial investments
Couple with a high-asset divorce may need the professional experience of accountants or valuation experts. Our Sarasota divorce attorneys are able to consult and hire the needed professionals.
The state of Florida recognizes that not every marriage has a root issue; in some marriages, the couple chooses to separate due to irreconcilable differences, living separate for an extended period of time, or due to a breakdown of marriage. Under a no-fault divorce, a spouse may not object to the divorce.
If a business was created or acquired during a marriage it becomes a marital business asset. If a business increased in value throughout the life of the marriage, a portion of the business value is considered marital asset. An experienced divorce attorney will conduct a conclusive analysis to determine if a business is marital, if it is a marital asset and the exact value.
As military divorces have complex, unique challenges our divorce lawyers focus on streamlining the divorce process. Our family law firm abides by the Uniformed Services Former Spouse Protection Act (UFSPA), enacted in 1982, which allows spouses married to armed force members for at least ten years to potentially be awarded a portion of marital property and medical support. Your lawyer will assess your situation to determine exactly how UFSPA will affect your divorce.
Spouses that are active duty may be given the option to delay divorce proceedings, which is stated under the Servicemember Civil Relief Act.
Depending on the military branch you or your spouse belong to specific divorce-related issues will be addressed differently. The following aspects will be addressed by a judge to determine divorce matters:
- Marriage length
- Property, assets and debt
- Time spent in military
- Date of retirement
- Length of deployment(s)
- Location of deployment(s)
- Amount and age of children involved within the marriage
- Education and skill level of each spouse
- History of familial travel pertaining to military
- Medical, physical and mental state of each spouse
Your lawyer will work with you to explore your unique circumstances to determine child support and care, spousal dependance and medical support.