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Divorce Lawyer

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Divorce Litigation

Going through a divorce is one of the toughest transitions in life. If you are raising a family in Florida, but facing a potential divorce, we know how much that can disrupt your life. The divorce lawyers at Ostrovsky Law are well-versed in handling these complex situations. We stand ready to guide you through the legal process and support you during these challenging times.

At Ostrovsky Law, we know the delicate nature of divorces and all the fall out that occurs with family members going through this tough family situation. This is when you need a divorce attorney you can trust to advocate for your rights and ensure a proper resolution.

DIVORCE LITIGATION

Understanding Divorce Litigation

Divorce litigation can involve a series of legal proceedings and court appearances where the parties seek a resolution on various legal issues in the court room including equitable distribution of assets and liabilities, spousal support, parental responsibility, child custody, and child support. Each of these issues are governed by specific laws and it is important to have an attorney who can navigate these legal issues and advocate on behalf of their best interests.

When it comes to divorce litigation, your attorney can play a vital role in guiding you and representing you when you are going through a divorce. Danielle has years of trial experience and is well-versed in Florida family law and understands the challenges clients face when going through a divorce. She is committed to providing compassionate and effective representation throughout the divorce litigation process.

Each divorce is unique and involves its own set of facts. Danielle takes a personalized approach to each case, working closely with clients to understand their unique situations and develop a strategy tailored to their specific goals and needs.

Florida’s Divorce Laws

The state of Florida may be known for its sunny weather and beaches, but it is also a state where divorce is prevalent. Florida has one of the highest divorce rates in the U.S. at 13%. 

Complicating this even more is the fact that 30-40% of divorced families have underage children. The percentage of divorce rates in Florida vary by county, but Broward County has one of the highest rates at 13.4%. 

That is why it is imperative you understand the ramifications of divorce and the relevant laws that could potentially impact your case. 

Factors that Affect Divorces in Florida

  • Residency Requirements: In order to file for divorce in the state of Florida, you or your spouse must have lived in the state for at least 6 months prior to filing.
  • No-Fault State: Florida is a no-fault divorce state meaning a party does not have to prove fault for marriage issues. Irreconcilable differences is all that is required.
  • Duration of Marriage: The length of your marriage has a major impact of alimony payments. Most times, the greater the length of the marriage, the more alimony will be required after the divorce. 
  • No Jury: In Florida, family law cases are exclusively resolved through bench trials, where a single judge presides over the proceedings, and there is no involvement of a jury. Whether a divorce case reaches a settlement or not, the final decision rests solely in the hands of the judge.
  • Affidavit: In Florida family court, spouses are mandated to provide a comprehensive affidavit disclosing their financial details, encompassing financial documents, insurance records, tax returns, and other relevant information. This data is crucial in determining alimony payments and the equitable distribution of childcare expenses.
  • Planning Retirement: One or both spouses might have invested money in 401K of the IRA or any other retirement plan. All such investments made during the marriage are considered marital assets in Florida. Usually, the judge will divide the accounts equally among the spouses. Investments made before the marriage are considered separate property unless they have been co-mingled.

There are other specific laws in Florida when it comes to divorce; that is why it is crucial to hire a divorce attorney to handle your case.

Divorce Litigation

Why A Divorce Attorney Is Needed

While Danielle will always make an effort to explore all possible avenues for resolving a case outside of court, sometimes that is just not possible. Therefore, you need an attorney that can provide aggressive representation in the courtroom when litigation is necessary. Danielle can provide you strong representation in Court, presenting compelling arguments, examining witnesses, retaining necessary experts, zealously preparing you for your day in Court, and advocating for your rights and interests.

As a divorce lawyer, she will also help with complex matters, such as parental responsibility and timesharing, modifications, prenuptial and postnuptial agreements.

An experienced attorney is crucial in navigating the Florida divorce legal system. Danielle has successfully represented a wide variety of clients in divorce litigation cases such as doctors, professional athletes, entrepreneurs, and homemakers. Regardless of what the situation may be, she is committed to achieving the best possible outcome for her clients.

If you need strong representation in Court for your divorce litigation, contact Ostrovsky Law today to schedule a consultation. Danielle will help you understand your legal options and work with you to develop a strategy tailored to your needs and goals. She is here to guide you through every step of the divorce litigation process and will ensure that your rights and best interests are heard and protected.

Danielle knows what is at stake and is ready to fight for you!

Divorce Litigation (Contested Divorce) FAQs​

A divorce is “litigated” or “contested” when the spouses cannot agree on how to resolve the issues between them such as parental responsibility, timesharing, alimony, child support, division of assets and liabilities and attorney’s fees. In this situation, one of the spouses will file a Petition for Dissolution of Marriage with the Court to begin the process.

Divorce litigation involves navigating the legal system to resolve the contested issues between spouses in their divorce case such as the division of assets and liabilities, spousal support (alimony), parental responsibility and timesharing, child support and attorney’s fees. It typically includes filing various documents with the court, preparing for and attending hearings where evidence is presented and testimony is taken, attending depositions and mediations, requesting and exchanging various documents and evidence, and ultimately attending trial, if necessary.

The duration of a divorce from start to finish can vary based on many factors such as the complexity of the case, how many issues are contested between the spouses, whether there are minor children of the parties, the Court’s availability to set hearings and trial in a timely manner, and whether the parties are willing to reach a settlement agreement on some or all the issues. At the very least, a litigated divorce in Florida will take several months to a year or longer.

Experienced Florida Family Law Firm

When it comes to navigating the complexities of family law and divorce in Florida, experience matters. At Ostrovsky Law, we are seasoned divorce lawyers, dedicated to helping our clients through the challenges of divorce proceedings and family legal matters. 

Our firm brings a wealth of experience and a deep understanding of family law to the table to guide our clients through these often emotionally charged and complex situations. 

Known for our unwavering commitment and legal expertise, our team is driven to achieve the best possible outcomes for our clients, ensuring they receive the support and representation they deserve during a trying time. If you find yourself in need of a skilled divorce lawyer, you can rely on Ostrovsky Law to provide the expert guidance and legal support you require. 

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