Orlando Divorce Attorney

When a marriage is about to end in divorce, you can either choose your future or allow your future to be determined by your spouse. No one goes into a marriage thinking it will end in divorce. But here you are. Now, you must decide which route to take. This divorce is new to you, and it’s our job as Orlando divorce attorneys to educate you on what is about to happen and explain your options so you can decide your future, not someone else. At Adams, Luka & Benton, P.A., you place your future in attorneys with seasoned courtroom skills and the empathy needed during one of life’s most stressful transitions. We are committed to clear communication, meticulous preparation, and protection of your rights from the first strategy session until settlement or final judgment.

The following pages outline the legal requirements for obtaining a divorce in Orlando, Florida, the procedures involved in getting a divorce, potential issues that may arise during the divorce process, and the types of divorce available.

Florida law calls divorce a “dissolution of marriage.” Florida is a no-fault divorce state, which means you don’t have to prove wrongdoing (like adultery or abuse) to obtain a divorce. You only need to show the following:

• A valid marriage exists.
• One spouse has resided in Florida for at least 6 months before filing a petition for divorce.
• The marriage is “irretrievably broken” (This is a broad term which means irreconcilable differences or growing apart)

The process begins when our office files a Petition for Dissolution of Marriage and arranges formal service on your spouse. If emergency relief is needed (for example, exclusive use of the marital home or temporary parenting provisions), we prepare the necessary motions at once.

Within 45 days of service, each party must exchange a sworn financial affidavit and the documents listed in Florida Family Law Rule 12.285. Transparent data is crucial for property distribution, alimony, and support calculations. We guide clients through gathering bank, retirement, and business records to ensure complete and strategic discovery.

Orange, Seminole, Osceola, Lake, and surrounding counties require mediation before trial. By this time, we have prepared your strategy and developed a plan to help you achieve what you want and deserve. Whether it’s thorough asset valuations or child-focused parenting proposals (if applicable), we will be ready to obtain favorable mediated agreements, saving families time, uncertainty, and expense.

When settlement proves impossible, we present admissible evidence and a persuasive argument to the judge. After weighing statutory factors, the court issues a Final Judgment of Dissolution of Marriage that dissolves the union and resolves all outstanding matters.

The following are critical issues that may arise in a divorce proceeding.

Section 61.075 directs the court to identify, value, and “equitably distribute” marital assets and debts. While a 50/50 split is the usual starting point, deviations arise based on contributions to the marriage, economic circumstances, interruptions of personal careers for the family’s benefit, and the desire to keep certain assets intact (such as a closely-held business). Separate property, acquired before the marriage, by gift, or by inheritance, is typically excluded, but active appreciation during the union can convert portions of premarital holdings into a marital component. This can be relatively straightforward if it was a short marriage, or it can be complex if there was a long marriage with many assets. If this is the case, and if there are substantial assets, our firm partners with forensic accountants, valuation experts, and pension actuaries to accurately document the actual value of real estate, stock portfolios, cryptocurrency, professional practices, and executive compensation packages. We pursue creative settlements (e.g., offsetting equity in a marital home against retirement benefits) while preparing forceful presentations if judicial division is required. Each case is unique, and the strategy will be tailored to your specific situation.

Florida’s alimony landscape changed dramatically on July 1, 2023, when Senate Bill 1416 eliminated permanent alimony and tightened duration caps for other forms of spousal support. Courts may now award:

• Bridge-the-Gap Alimony: helps a spouse transition from married to single life for up to a specified number of years.
• Rehabilitative Alimony: supports education or training for self-sufficiency and is capped at 5 years.
• Durational Alimony: may not be awarded for a marriage less than 3 years. This alimony is the longest-lasting alimony and is awarded based on the length of the marriage. The term of alimony may not exceed 50 percent of a short-term (3–10 years) marriage, 60 percent of a moderate-term (10–20 years) marriage, or 75 percent of a long-term marriage of 20 years or more.
• Temporary (Pendente Lite) Alimony: designed to preserve the status quo during the case.

In determining the amount, judges consider the standard of living established during the marriage, the age and physical health of each spouse, their earning capacities, and their contributions as a homemaker or caregiver. Properly documenting need and ability to pay, or forcefully contesting an unrealistic request, can swing the long-range economics of a divorce. Our attorneys ensure alimony awards reflect current law and genuine financial realities.

Florida replaced the word “custody” with “parental responsibility” to underscore that children are not property to be divided. Section 61.13 directs courts to approve a parenting plan that serves the child’s best interests, listing 20 statutory factors ranging from school continuity to moral fitness. Unless proven detrimental, shared parental responsibility is preferred, allowing both parents to retain decision-making authority for education, healthcare, and religious upbringing.

A parenting plan must spell out:

• Timesharing schedule, including holidays and vacations.
• Transportation logistics and exchange locations.
• Methods for resolving future disputes.
• Communication protocols, including virtual contact (§ 61.13003).

Recent amendments encourage equal timesharing when feasible but stop short of a strict 50/50 presumption, preserving judicial flexibility for travel distance, special-needs children, or a parent’s non-traditional work hours. We design comprehensive proposals that anticipate practical hurdles, so families avoid repeated litigation.

Child support follows the income-shares model in § 61.30 Florida Statutes, which presumes that a child is entitled to the same proportion of parental income they would have received in an intact household. The calculation incorporates:

• Gross monthly income of each parent, including wages, bonuses, dividends, and certain perks.
• Childcare costs, health-insurance premiums, and uncovered medical expenses.
• The number of overnights each parent enjoys under the parenting plan.

Because guideline tables create a rebuttable presumption, precise income data is vital. Hidden income, self-employment write-offs, or voluntary under-employment can distort the guidelines. Our team subpoenas business records, tax returns, and financial apps to obtain a support figure that protects children while remaining fair to the obligor.

• Contested Divorce (with or without children)
• Uncontested Divorce
• High Net Worth Divorce
• Military Divorce
• Collaborative Divorce
• Annulment

• Experienced Divorce Attorneys: All Attorneys in our office have between 10 and 30 years of experience. We have a proven track record of success. The legal community is small, and judges and opposing counsel know who is always ready to represent their clients.
• Holistic Support: We maintain relationships with counselors, forensic accountants, and certified divorce lending professionals, ensuring that clients receive comprehensive services beyond courtroom advocacy.
• Responsive Communication: You receive direct contact with your attorney and their paralegal. We strive to provide you with prompt answers to your questions.

Divorce usually results in lifelong consequences. Whether you are contemplating filing, have been served, or need advice on enforcing or modifying an existing decree, Adams, Luka & Benton, P.A. stands ready to help. Call 407-872-0307 for Orange, Seminole, Osceola, or Volusia County matters, or 352-357-4084 for Lake, Sumter, and Marion County. You will meet directly with an experienced Orlando divorce attorney who will listen, explain your rights, and chart a clear path forward.

This article is provided for educational purposes only and does not create an attorney-client relationship. Because Florida family law changes over time, consult qualified counsel to obtain advice tailored to your circumstances.