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Maitland, Florida Divorce Lawyer

Adams, Luka, & Benton

Divorce is one of the most emotionally and financially demanding challenges a person may face. Whether you are the one filing or have been served with divorce papers, the process can upend your sense of stability and trigger deep uncertainty about the future. While divorce is common in Florida and across the country, it is never routine for those going through it. If you live in Maitland or nearby communities in Orange or Seminole counties, it’s essential to have trusted legal counsel guiding you through each phase of the divorce process.

At Adams, Luka & Benton P.A., our experienced family law attorneys understand what’s at stake. We represent clients throughout Maitland with compassion, attention to detail, and unwavering advocacy. Whether your case is uncontested or filled with complex disputes over property, finances, or business interests, we provide clear legal guidance and work toward a resolution that protects your rights and supports your long-term goals.

Serving Clients Throughout Maitland, Florida

Maitland is one of Central Florida’s most vibrant and desirable communities. Located just north of Orlando, Maitland offers a unique mix of suburban comfort and cultural sophistication. Its picturesque neighborhoods, beautiful lakefront properties, and proximity to major employers make it a popular location for professionals, families, and retirees alike.

With a population of around 20,000 residents, Maitland is known for its well-maintained parks, excellent schools, and cultural institutions such as the Art & History Museums of Maitland. The city attracts residents who value both convenience and a strong sense of community. While the area offers many benefits, the pressures of family life, careers, and financial responsibilities can take a toll on marriages. When a relationship begins to unravel, knowing that you have a local attorney familiar with the courts, procedures, and community norms can make a real difference.

At Adams, Luka & Benton P.A.,, we are not just familiar with Maitland, we are deeply connected to Central Florida. We understand the nuances of how local judges interpret Florida divorce law, and we know how to navigate the court systems in Orange and Seminole counties effectively. This local knowledge allows us to better tailor our legal strategies to your individual case and expectations.

Divorce in Florida: Understanding the Process

Divorce in Florida is governed by state statutes, but every case is influenced by the personalities, finances, and goals of the individuals involved. Florida is a no-fault divorce state, which means you do not need to prove that your spouse committed wrongdoing in order to seek a divorce. Instead, you must show that the marriage is “irretrievably broken” and either you or your spouse has lived in Florida at least 6 months.

While this standard simplifies some aspects of the law, the actual process of dissolving a marriage can be far more involved. Before a divorce is finalized, both spouses must address a wide range of legal and financial issues, particularly when property division, business assets, or significant financial obligations are involved.

The Steps in a Florida Divorce

Although every divorce is unique, most cases in Maitland and throughout Florida follow a similar framework. The general steps include:

  1. Filing the Petition – One spouse (the petitioner) files a Petition for Dissolution of Marriage in the circuit court. This legal document outlines the basic facts of the marriage and the relief being sought.

  2. Serving the Petition – The petition must be formally served on the other spouse (the respondent), who then has 20 days to file an answer.

  3. Temporary Orders (if needed) – Either party may request temporary orders from the court to address immediate concerns such as child custody, support, or use of the marital home during the proceedings.

  4. Financial Disclosure – Both spouses must exchange mandatory financial disclosure documents, including income statements, tax returns, and information about assets and debts.

  5. Negotiation and Mediation – Most Florida courts require mediation, where both parties meet with a neutral mediator to try to resolve contested issues without trial.

  6. Settlement Agreement – If an agreement is reached, the terms are put into writing in a Marital Settlement Agreement, which is submitted to the court for approval.

  7. Discovery and Litigation (if no agreement) – In contested cases, both sides may engage in discovery, depositions, and hearings to gather evidence and build arguments.

  8. Trial – If mediation fails and settlement cannot be reached, the case goes to trial, and a judge decides unresolved issues such as asset division, alimony, child custody, and support.

  9. Final Judgment – The judge issues a Final Judgment of Dissolution of Marriage, which legally ends the marriage and outlines all binding terms.

  10. Post-Divorce Matters – Sometimes issues arise after the divorce, such as enforcement of court orders or modifications to custody or support arrangements.

By understanding these steps, you can better anticipate what lies ahead and work with your attorney to prepare at every stage.

Uncontested Divorce

When both spouses are able to reach a mutual agreement on all essential terms, such as how property will be divided, who will retain certain assets or liabilities, and whether spousal support will be paid, the divorce is considered uncontested. In this scenario, the court does not have to intervene in the decision-making process. The parties can present their agreement to a judge for approval, and the process typically proceeds quickly and efficiently.

Even in an uncontested divorce, legal representation is still valuable. At Adams, Luka & Benton, we help clients avoid common mistakes that could lead to delays or complications. We ensure that marital settlement agreements are complete, legally enforceable, and tailored to our clients’ unique needs. We also ensure that your rights are protected and that the terms you agree to today do not put you at a disadvantage in the years ahead.

Contested Divorce

In many cases, spouses are unable to agree on all the terms of the divorce. Disagreements may involve who keeps the family home, how to divide investments or business interests, or whether one spouse should pay alimony. These cases are considered contested divorces and can become more complex and emotionally intense.

To avoid a full trial, courts often encourage or require mediation, where a neutral third party helps the spouses work through unresolved issues. If mediation fails, however, the divorce may proceed to litigation, and the final decisions will be made by a judge.

Our Maitland divorce lawyers are experienced litigators who know how to prepare for court, present compelling evidence, and argue effectively for your interests. Whether you’re in the early stages of negotiation or already anticipating a court battle, we are prepared to represent you with skill and strength.

When Divorces Become High-Conflict

It’s not uncommon for a divorce to start off amicably and then become more adversarial as financial or emotional issues arise. This is especially true when the couple has significant wealth or owns valuable assets, such as:

  • Multiple pieces of real estate, including investment or vacation properties

  • Closely held businesses or professional practices

  • Stock portfolios or complex retirement accounts

  • Trust funds, inheritance, or valuable personal collections

  • Prenuptial or postnuptial agreements that one party wants to challenge or enforce

Divorces involving high-value assets often require expert financial analysis and a deeper understanding of Florida’s laws on equitable distribution. We work closely with financial planners, forensic accountants, and business valuation professionals to make sure our clients get a fair outcome. At the same time, we understand the emotional stakes and strive to minimize the stress on you and your family.

If you’re going through a high-net-worth divorce in Maitland, it’s critical to hire a divorce lawyer who has the legal acumen and resources to handle the complexities involved. At Adams, Luka & Benton P.A., our experience in complex property division ensures that your financial interests are thoroughly protected.

Equitable Distribution in Florida Divorces

Florida follows the principle of equitable distribution when dividing marital assets and debts. This does not mean everything will be split 50/50. Instead, the court looks at what is “fair” based on the facts of the case.

The court will typically consider factors such as:

  • The length of the marriage

  • The contributions each spouse made to the marriage, including homemaking and childcare

  • The economic circumstances of each spouse

  • Whether one spouse interrupted their career or education to support the other

  • Any intentional waste, depletion, or concealment of marital assets

Determining which assets are marital versus non-marital can also be a complicated process. Property acquired before the marriage may remain separate, but if it was commingled with marital funds or appreciated during the marriage, it could be subject to division. We examine every detail and advocate for outcomes that reflect your contributions and future needs.

Addressing Business Ownership and Professional Practices

In the Maitland area, many residents are professionals or entrepreneurs who own businesses or operate private practices. Divorce becomes especially challenging when a business is part of the marital estate. One spouse may want to keep the business intact, while the other seeks their fair share of its value.

Business interests must be carefully evaluated for their current worth and future potential. This often requires hiring experts to conduct formal appraisals, assess goodwill, and review financial records. The impact of the divorce on ongoing business operations must also be taken into account.

Whether you are the business owner or the spouse of one, our firm has the experience to ensure that your rights are protected and that the business is treated appropriately during the divorce process.

Navigating Prenuptial and Postnuptial Agreements

Many couples in Maitland, especially those entering second marriages or protecting significant assets, sign prenuptial or postnuptial agreements. These agreements can streamline the divorce process if they are properly drafted and legally enforceable. However, disagreements often arise over their validity.

The court will examine whether the agreement was entered voluntarily, whether both parties fully disclosed their finances, and whether the terms are unconscionably one-sided. If your case involves a prenuptial or postnuptial agreement, our attorneys can help determine whether it is likely to be enforced, and what impact it may have on property division or spousal support.

Divorce Is a Legal Process, But Also a Personal Journey

Going through a divorce is about more than just dividing assets or signing court papers. It is the closing of one chapter and the uncertain beginning of another. The emotional weight of that transition should not be underestimated. That is why our legal services are not only strategic but also supportive.

We recognize that this may be the most difficult experience of your life. Our goal is to guide you through it with confidence, compassion, and respect. Whether your focus is financial stability, protecting your parental rights, or simply moving forward with dignity, we are here to help you get there.

Call Our Maitland Divorce Attorneys Today

If you are facing divorce in Maitland or anywhere in Central Florida, the decisions you make today will shape your life for years to come. At Adams, Luka & Benton P.A., we are here to provide the legal insight, negotiation skill, and courtroom experience you need to navigate the process with clarity and confidence.

Do not wait until conflicts escalate or paperwork becomes overwhelming. Let us help you understand your rights and take the right steps from the very beginning.

Call our office today to schedule a confidential consultation with one of our experienced family law attorneys. We are ready to stand by your side and guide you through every step of the divorce process.