DIVORCE | ADOPTION | ELDER LAW

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Experienced Divorce Representation

Divorce can be an overwhelming experience without proper guidance. Before you begin, you should consult with an experienced attorney who focuses on Florida family law cases to understand the divorce process. Be aware that a divorce is an adversarial action. You and your spouse may be pitted against each other as you assert your mutual claims to parental rights, child support, assets, alimony, and other marital interests. You will need a thorough understanding of the legal burdens that must be met, and the procedures that are utilized to resolve your case. Meanwhile, you must be prepared to weather the emotional toll imposed by often rigid, yet necessary court proceedings that will decide the outcome of your case. We help clients navigate the divorce process with ease and confidence. Contact The Wheeler Firm Today!

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Get the Best Result in Your Divorce

Florida is a no-fault divorce state. The parties’ rights will be determined by the various legal standards that apply to your case, and the available evidence, rather than vengeful tactics or animosity. Honesty with your attorney is crucial as you build your case by organizing information, identifying witnesses, and gathering evidence. Utilize your energy to focus on what matters the most – the significant issues like your children, assets, and liabilities, and spousal support. The Wheeler Firm will protect your rights and defend your interests at every step of the process. Contact us today for a consultation!

Contact The Wheeler Firm Today

We concentrate only on family law customers in and around Okaloosa and Walton County, Florida. Understanding the severe pressures of family law disputes, we combine compassion and persistence to achieve the best result. We are prepared to battle for you and your family in your time of need with more than seventeen years of expertise and experience, regardless of whether you face divorce, adoption, or any other family personal issue needing legal counsel.

Be Smart. Hire Smart.

Create a Court Environment that's favorable for your Divorce with The Wheeler Firm.

THE TIMELINE OF A DIVORCE

Almost no one knows what to expect when they decide to pursue a divorce. Unless you and your spouse have agreed to the terms of an uncontested divorce, the divorce will likely be a time-consuming process that is emotionally taxing, and it can be even worse without experienced legal support. Learning about the legal timeline of events that lead up to a judgment of divorce will help you understand the process, and give you a better understanding of what you should expect as you move through the divorce process.

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Step #1: Get Started

To begin, you or your spouse will need to hire an experienced divorce attorney. The attorney will provide you with a description of the divorce process, and gather necessary information to draft the divorce documentation. The primary document to prepare is the divorce complaint. This document sets out the reason the case is being filed. It also provides basic background information concerning the parties’ marriage, and it generally describes what you are asking the court to do in your case. This might include asking the court for custody of children, asking for an award of alimony or child support, asking to be awarded property or funds, or a request for some combination of all of the these demands for relief. Every case is unique and your complaint can be tailored to your specific circumstances.

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Step #2: File the Case

That lawyer will then file the petition or complaint with the Circuit Court (the location of that court will depend on where the parties live). The attorney then ensures that the petition is served on the other spouse, along with various other documents that are legally required to be filed with the court.

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Step #3: The Response

The party that was served will have to respond within a certain timeframe, usually 20 days. The response will state whether or not the that spouse agrees to certain allegations contained in the complaint. If the petition is not answered, the court can enter a default against the spouse who failed to answer the complaint. The response should include a counter petition, which details how the served spouse would like to resolve with the divorce.

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Step #4: Mandatory Financial Disclosure in Florida Divorce Cases

The parties will then engage in financial disclosure, which is required in Florida pursuant to Family Rule of Procedure 12.285. This will include the completion of financial affidavits to general describe each parties’ financial condition and the submission of supporting documentation to verify that condition. Financial disclosure is important as the parties determine how property and debt will be divided in the case. The verification of income information can also assist with the calculation of child support if children are involved in the case.

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Step #5: Mediation

Mediation is mandatory in Florida divorce cases. The idea is to force the parties to meet in a particular location, usually one of the attorney’s offices, and attempt to reach a settlement. The parties are not in the same room and the mediator goes back and forth between the parties to attempt to reach an agreement. Mediation is an informal process with no judge or court reporter being present. Mediation is also confidential, so either party may make an offer of settlement without the fear of that settlement offer being used against them at a trial in the event a settlement is not reached.

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Step #6: Obtain Court Approval

If a settlement is reached at mediation, the attorneys will draft the agreement, get the parties to execute the agreement and submit it to the court for review and approval. The agreement will be incorporated into a Final Judgment of Divorce that will be binding on the parties.

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Step #7: A Trial

If a settlement is not reached the divorce goes to trial. The attorneys defending each party will present witness testimony, evidence and legal arguments for each side and attempt to persuade the court to award their client relief. The judge will then decide the case by resolving all issues, including custody and visitation, child support, and spousal support and the division of property and debt. The court will also determine whether one party should pay the attorney’s fees for the other party. The decision will be included in a Final Judgment of Divorce and filed with the Clerk of Court.

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Step #8: Appealing a Decision

If either or both spouses do not agree with the judge’s decision they can file an appeal, and take the case to a higher court. It is, however, not likely that an appeals court will overturn a judge’s decision in a divorce. Trial court judges are given a great deal of discretion when interpreting the facts of the case, although the trial court is given no discretion when interpreting the law. As a result, appellate attorneys typically rely upon misapplications of the law to file an appeal. Further, no further evidence will be admitted in the appeals court. Rather, the appellate court will review the evidence and application of the law in the trial court to determine whether the decision should be affirmed or reversed.

A Timeline Without a Timer

While the divorce proceedings will unfold as described above, it’s not unusual for each step to take an undetermined amount of time. Some portions of the divorce will take much longer than others and the backlog of a court docket can lead to lengthy delays. It is important to keep a level head throughout the proceeding, and the best way to equip yourself for this process is to hire a lawyer with extensive experience, and who is compassionate for your case - Turn to the Wheeler Firm.

THINGS TO CONSIDER DURING A DIVORCE

We recommend that you consider certain taking certain actions during the divorce, and avoid taking others as they tend to complicate the divorce proceeding. Here are some points to consider:

Change Your Estate Plan

If you have a Last Will and Testament, Trust, or other estate planning documents, adjust your estate plan now rather than later to ensure there is no confusion about who you intend to manage your affairs, or who you intend to inherit your estate. We can help you amend or revoke these documents as appropriate to reflect your wishes after the divorce.

Avoid Pregnancy

Having a child is a wonderful thing, but it can cause legal issues for the parties since any child born during a marriage is presumed to be a product of the marriage. Traditionally, divorces were put on hold until the child was born and paternity could be determined, but that is rarely the case today. In any event, the birth of a child during a divorce case can result in disputes over paternity and other issues to resolve concerning the parties relationship (or lack thereof).

Don’t Throw Out the Possibility of an Uncontested Divorce

Even if your case is filed as a contested case, it can become uncontested at any point if you and your spouse reach an agreement to settle all of the issues. This often happens as the parties wish to avoid the time, cost and stress of a contested divorce proceeding.

Think of The Children

This goes without saying, and we’re sure you already pursuing the best interests of your children. While you’re going through the divorce, however, some parties tend to lose sight of the fact that they are caught in the middle of the dispute. Try not to involve them in the litigation, or disparage your spouse. Focus on the family, not the animosity you may have for your spouse. Keep your children’s needs at the top of your list of priorities.

Find a Therapist

Seeing a therapist is one of the best ways to manage the emotional stress of a divorce. Don’t be afraid to lean on a therapist to help you through the emotional side of the divorce. They can’t offer legal advice, obviously, but they can offer the experience of a different type and provide coping mechanisms that you otherwise wouldn’t have. 

Keep Your Finances in Order

When you’re litigating the case and negotiating for a settlement, try to maintain a secure financial condition. Avoid unnecessary debt. Consider whether you can afford to maintain the marital residence, or whether you should defer that responsibility to your spouse. Consider what assets you will need after the divorce, and which marital debts you will be responsible for after the case is over.

SCHEDULE A CONSULTATION WITH AN ATTORNEY

The Wheeler Firm is proud to offer experienced divorce litigation services throughout Okaloosa and Walton County by helping people through the divorce process, and by helping clients begin their new life with confidence. Please reach out to schedule a consultation and to find out more about how we can help you through the divorce process. We have offices conveniently located in Fort Walton Beach and Miramar Beach, and we look forward to helping you through your divorce.

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WHY CHOOSE US?

Led by experienced family law attorney, Andrew D. Wheeler, The Wheeler Firm is committed to the protection and security of every client. We work to ease the stress of family law litigation, protect our client’s interests, and focus on proven results. With more than 20 years of experience litigating every form of family law case, and representing thousands of individuals and their families, we promise exceptional representation and advocacy.