Experienced Florida Divorce Lawyer

Helping You Navigate Contested & Uncontested Divorce in Altamonte Springs

At the Law Office of Russell S. Hershkowitz, LLC, we have represented clients in Florida family courts for decades, and our insight into what each judge looks for helps us to build strong cases for our clients.

If you have found yourself staring at divorce papers, then you can come to us for all the representation and counsel you deserve to get through this difficult time with confidence. Well-versed in both negotiating fair agreements and courtroom challenges, we will be prepared to protect your interests in trial or in the conference room.

Get help with your divorce today. Contact our Altamonte Springs divorce experts for a consultation.

Preparing Your Case for All Facets of Divorce

Your divorce is not just the ending of your marriage, it is also the beginning of a variety of legal challenges. Many divorcees get lost among the legalities, lose control of the situation, and end up being on the lower end of a divorce order that does not respect their wishes or well-being.

Do not let this happen to you. Equip yourself with the knowledge and insight needed to succeed by choosing to work with our divorce attorney in Altamonte Springs.

• Our law firm can help you with any type of divorce concern, such as:
• Alimony: The spouse that made a lesser amount of income during the marriage may be granted alimony or a monthly amount paid by the other spouse. This money is meant to help them maintain a similar standard of living experienced while marriage and become self-sufficient, such as through continued education.
• Child custody: Florida family law courts are always ruling in the best interests of children. Child custody will only be granted to parents deemed responsible enough to raise a child. If you have reason to think your spouse should not be allowed to raise your child, let your attorney know right away.
• Child support: Children deserve to live comfortably, especially after their parents’ divorce might leave them feeling confused or alone. Child support is paid to the spouse with sole or primary custody from the other to help ensure their children are happy and healthy.
• Contested divorce: When a single aspect of a divorce cannot be agreed upon by both spouses, the divorce becomes contested. It will require litigation, the help of an attorney, and a Florida family law court to resolve.
• Modifications: Sometimes the trickiest part of a divorce comes after it concludes and the divorce orders are enacted. When a divorcee experiences undue hardship due to a divorce order, they might be able to get it modified later.
• Uncontested divorce: In an ideal situation, all divorces will be uncontested, or involving no serious challenges between the parties. Uncontested divorces tend to move quickly through the court, keeping court costs down and ending the marriage sooner than later, sometimes in just a few months.

How Does Adultery Affect Divorce in Florida?

While Florida is a no-fault state, meaning you do not need to show fault to pursue a divorce, infidelity is still taken into consideration when determining the division of assets, spousal support, and child custody.

When it comes to determining if spousal support should be awarded, the judge has broad discretion. He/she will consider various factors, including if one spouse has the need for such financial support and if the other can fulfill these payments. Another factor to be considered is adultery. Historically, the court will only consider this factor if the adultery caused a depletion in martial assets. Therefore, to prove this, you must show how the adultery negatively impacted you and your spouse’s finances. This could include spending money on lavish vacations, gifts, or property.

What is Uncontested Divorce in Florida?

Sometimes a couple mutually decides to part ways. In situations like this, the couple can file for an uncontested divorce.

An uncontested divorce is one in which a couple has resolved all serious issues, including:

• Child custody;
• Child support;
• Spousal support;
• Division of property;
• Division of debt (if there is any); and
• Parental visitation.

This type of divorce allows for some benefits not available to people involved in a contested divorce. In some instances, if the couple agrees to all terms of the divorce, they will not need to go before a court to officially settle the matter. However, it is still advised to seek the mediation of an uncontested divorce attorney for aid in drawing up the terms of your divorce.

Filing an Uncontested Divorce

To file an uncontested divorce, one person must:

• Fill out a petition for divorce;
• File the petition with the county clerk;
• Pay a filing fee;
• Have the divorce papers served to the other person; and
• Check with the attorney to ensure papers were filed correctly

Your spouse must issue a response to the petition and sign the papers as well. Once they have done so, they can mail them to the county clerk’s office and the divorce will be official. Your attorney will make sure the paperwork goes through, so you don’t have to worry about it.

Do You Need a Lawyer to File for Divorce?

Even when you and your spouse seem to be in agreeance about how your divorce case should progress and conclude, it is important to realize that you are in a legal contest of sorts. Your spouse may be looking out for their best interests, putting yours second, even if they do not realize it.

Before jumping to any conclusions, talk to a divorce attorney to review the suggested order. They can help you catch any oversights or mistakes that may put you at a disadvantage later.

Additional reasons to hire a lawyer for divorce include:

• Objective advice – this is an emotional time; you will need an objective third party to keep your head level. This can help keep you from accidently sabotaging aspects of your case.
• Experience – this is something you may not have in the legal field. A lawyer can help find options that you did not even know existed.
• Paperwork – in contested cases, there may be a mountain of paperwork that you must fill out. An attorney can take this load off your plate. In addition, there are different types of paperwork that pertain to your unique issues. Using an incorrect form can cause delays, as many courts are bogged down due to incomplete or careless work.
• Long term – while it is only natural to focus solely on your case, a lawyer can help you look at the big picture. An attorney with experience can help you pursue issues that are worth your time and money.
• Children – if minor children are involved, custody can become a complex and emotional issue. Having a lawyer by your side can help your chances with parental rights.
• Assets – your spouse may be hiding assets during the divorce, so ensure that these are found during the discovery phase.

While many couples have had success filing for divorce on their own, it is always recommended to at least consult with an attorney prior to doing so. Call us today so that we can discuss your options!

When Is a Divorce Final?

Many people who are in the midst of the divorce process are often so overwhelmed and emotionally spent that they cannot wait for it to all be over, even if they were resistant to the idea of getting a divorce.

Even after you and your spouse work out the details of your settlement, whether in mediation or through litigation, your divorce is only official once you get a Final Judgment of Divorce.

This is the written court order that will formally dissolve the marriage and contain the terms of your divorce, such as:

• Child custody
• Child support
• Spousal support
• Division of property and assets

Until this written judgment is signed by the judge and filed with the court clerk, your divorce is not officially finalized.

How Our Family Law Firm Can Help

When it comes to protecting your rights and your best interests, the Law Office of Russell S. Hershkowitz, L.L.C. will use every resource we have and utilize our extensive insight.

We believe that everyone deserves not only competent, but quality, effective legal representation, so we strive to give nothing less.

Our Altamonte Springs family law firm offers convenient payment plans and a free initial consultation to ensure that financial concerns will not keep anyone in our communities from getting the legal advice and help they deserve.

To begin your case, call (407) 753-4111 or use an online contact form.