If you are thinking about talking to an Orlando divorce attorney — not panicking, but planning — this is the right time to speak with an attorney. The decisions you make in the months before you file shape everything that follows: what you keep, what you pay, and what your life looks like on the other side.
Should I Talk to an Orlando Divorce Attorney Before I File for Divorce?
Yes. Speaking with an Orlando divorce attorney before you file gives you time to get organized, understand how Florida law applies to your assets and children, and avoid mistakes that can cost you money and leverage later. Early advice usually leads to better results than waiting for a crisis.
The Rivas Law Firm represents clients in divorce and family law matters in the greater Orlando area. We work with people who have assets to protect, businesses to consider, and children who deserve stability. If you are ready to understand your options before the process begins, call 407‑644‑2466 for a free consultation.
Why Timing Matters in an Orlando Divorce
Most people wait until a crisis forces their hand. They get served with papers and immediately start searching for the cheapest Orlando divorce lawyer who can respond fast. By then, their options are narrower, their leverage is reduced, and they are making decisions under maximum stress.
The clients who fare best in divorce are the ones who plan ahead. They consult an attorney while they still have time to organize financial records, understand how Florida law treats their specific assets, and make informed decisions — not reactive ones.
If you own a house, a company, a retirement fund, or other substantial joint assets, getting legal advice early is not optional. It is the most important thing you can do to safeguard what you have worked so hard to achieve, especially under Florida’s equitable distribution rules (see the Florida equitable distribution statute).
What Happens in an Initial Consultation with an Orlando Divorce Attorney?
In your first meeting, you can expect to talk about your goals, your property, your debts, and your children. You will also learn how Florida’s divorce laws work, what to do now, and what to avoid while you decide whether to file.
What an Orlando Divorce Attorney Can Do for You
Florida is an equitable distribution state. That means marital assets and debts are divided fairly — but “fairly” does not always mean equally, and what qualifies as a marital asset is not always obvious (see section 61.075 of the Florida Statutes). An experienced Orlando divorce attorney can help you:
- Identify which assets are marital property and which are separate under Florida law, including closely held businesses and retirement accounts.
- Understand how a court is likely to treat your specific financial situation, using the factors listed in the equitable distribution statute.
- Document and value assets — including real estate, businesses, and retirement accounts — before they become contested.
- Develop a strategy for parental responsibility, time‑sharing, and child support that reflects your priorities and the “best interests of the child” standard (see Florida divorce and time‑sharing laws and Florida Courts family law resources).
- Negotiate terms that protect your long‑term interests before litigation becomes necessary, and prepare you if court becomes unavoidable.
The earlier you talk to a lawyer, the more options you have. Once a petition is filed, the process moves on its own timeline. The sooner you seek advice from an Orlando divorce attorney, the better.
High‑Asset Orlando Divorce and Complex Cases
Divorce gets much more complicated when significant wealth is involved. Real estate holdings, investment portfolios, business ownership, professional practices, deferred compensation, and stock options all require careful handling. So does debt — mortgages, business liabilities, and joint accounts do not disappear because a marriage ends.
The Rivas Law Firm has experience handling divorce cases where there is a lot at stake financially. We work with clients to build a clear picture of the marital estate, identify valuation disputes before they arise, and pursue outcomes that reflect the full scope of what our clients have at stake.
If prenuptial or postnuptial agreements are involved, we review those as well — both to enforce them and to challenge them when appropriate, using the standards recognized under Florida law and explained in Florida Bar family law resources.
Child Custody, Time‑Sharing, and Parenting Plans in Florida
Florida courts no longer use the term “custody.” Instead, the law focuses on parental responsibility and time‑sharing — how parents share decision‑making authority and how much time each parent spends with the children. Courts apply a “best interests of the child” standard and consider factors including each parent’s relationship with the child, the stability of each home, and the ability of each parent to facilitate the other’s relationship with the child (see Florida divorce and time‑sharing laws and Florida Courts family law guidance).
Florida generally favors arrangements that keep both parents actively involved, unless there are serious concerns about safety or fitness. Whether you are pursuing a negotiated parenting plan or preparing for a contested hearing, having clear legal guidance from the start leads to better outcomes — for you and for your children.
How Does Time‑Sharing Work in an Orlando Divorce?
Time‑sharing is set out in a parenting plan that covers weekly schedules, holidays, decision‑making, and communication. Judges want to see a plan that is specific, realistic, and focused on your child’s needs, not just the parents’ preferences.
Divorce in Florida: Key Things You Need to Know
Florida is a no‑fault divorce state, meaning neither spouse is required to prove wrongdoing to obtain a divorce. The only legal ground is that the marriage is “irretrievably broken,” as described in section 61.052 of the Florida Statutes. Either spouse can file, and the other party cannot prevent the divorce from proceeding.
Key legal and procedural points:
- Residency requirement: At least one spouse must have lived in Florida for six months before filing for divorce in a Florida court.
- Mandatory financial disclosure: Both parties must exchange financial affidavits disclosing income, assets, and debts; the forms and rules are explained in Florida Courts family law self‑help.
- Mediation: In most Florida circuits, judges require couples to attempt mediation before a judge rules on contested issues such as property division, alimony, and time‑sharing (see Florida Courts mediation and family‑court information).
- Uncontested vs. contested: If both parties agree on all terms, an uncontested divorce can be fairly simple and accomplished relatively quickly. Contested matters — particularly those involving significant assets or disputes over parental responsibility and time‑sharing — take longer and require stronger legal preparation.
How Long Does a Divorce Usually Take in Orlando?
A simple uncontested divorce with no minor children and no disputed assets might be resolved in a few months. Contested divorces with property division, business valuation, or parenting disputes can take many months to more than a year, depending on complexity and the court’s schedule.
Speak With an Orlando Divorce Attorney Before You File
You do not have to wait until things come to a head to get legal advice. If you are considering divorce — even if you are months away from making a decision — a confidential consultation with an experienced Orlando divorce attorney gives you a clear picture of where you stand and what to expect.
Frequently Asked Questions
How long does a divorce take in Florida?
An uncontested divorce with no minor children or disputed assets can sometimes be finalized within a few months after filing, depending on the court’s schedule. Contested divorces involving property division, business valuation, or disagreements over parental responsibility and time‑sharing typically take longer and may last many months to more than a year.
Does it matter who files for divorce first in Florida?
Filing first can give you some procedural advantages, such as choosing the county where the case is filed and setting the initial timeline. However, because Florida is a no‑fault divorce state, neither spouse gains a major legal advantage simply by filing first compared to being the responding party.
How does Florida divide property in a divorce?
Florida follows equitable distribution, which means marital assets and debts are divided fairly, not always 50/50. Courts look at factors such as each spouse’s financial contributions, the length of the marriage, each party’s economic circumstances, and any intentional waste of marital assets when deciding what is fair.
Can I get alimony in a Florida divorce?
Florida law allows several types of alimony, including bridge‑the‑gap, rehabilitative, and durational alimony in appropriate cases. Judges consider the length of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, and one spouse’s need and the other spouse’s ability to pay.
What is the difference between contested and uncontested divorce in Florida?
In an uncontested divorce, both spouses agree on all issues such as property division, alimony, parental responsibility, time‑sharing, and child support, so the judge mainly reviews and approves the agreement. In a contested divorce, one or more issues are disputed and must be resolved through negotiation, mediation, or a trial where a judge makes the final decisions.
The Rivas Law Firm serves clients throughout Orlando, Orange County, Osceola County, Seminole County, and the surrounding Central Florida area. We offer bilingual representation in English, Spanish, and Brazilian Portuguese, and we regularly handle high‑asset divorces, business‑owner divorces, and complex parenting matters.
Call 407‑644‑2466 or visit our contact page to schedule your free consultation today.