Emily Konicek: Your Experienced Divorce Attorney in Orlando
Most people don’t go into a relationship, thinking they will need the assistance of an Orlando divorce attorney. This doesn’t mean that a divorce isn’t a common occurrence. Now that the prospect is becoming a reality, you are understandably confused as to where your life is headed. Adding on to your day-to-day responsibilities, it can all be extremely overwhelming.
I can bring order to this complicated time in your life. To get your divorce resolved as quickly and effectively as possible, you will need quality representation in these practice areas and one-on-one personal service from a lawyer.
During my decade of experience, I have excelled at reaching practical resolutions for complex divorce issues. I focus intently on helping you achieve your goals so you can have peace of mind. You will know that your rights are protected at all times.
Experienced Representation
I represent individuals in mediation, negotiation, or litigation for legal divorce issues such as:
- Parental responsibility/child support and custody — helping you determine appropriate levels of child support, according to state guidelines, as well as workable custody and parenting time schedules.
- Alimony — negotiation of spousal support contributions, based upon financial need and ability to pay.
- Property division — seeking equitable distribution through division of marital assets, real estate, and investments, even in high-asset divorces.
I represent clients in contested and uncontested Orlando divorce and even offer guidance regarding the perils of a do-it-yourself divorce.
I have worked with a wide variety of divorcing parents to determine appropriate agreements for child support and child custody that keep the best interests of the child at the forefront. My Orlando FL divorce attorney legal leadership represents a combination of your specific wishes, your income level, and your household financial needs.
I will always listen carefully to what you tell me and use what I learn to achieve practical solutions you can be comfortable with. I want you to have a visitation or parenting plan that works for your unique family needs, as your child deserves the benefits of both parents playing productive roles in his or her life.
Konicek Law Understands the Legal Process
A thorough understanding of the divorce process is one of the most important reasons to contact experienced Orlando FL divorce attorneys. I know how to petition for each type of legal order and how to cooperate with the court system to make or revise any existing legal orders you may have. I will help you avoid mistakes such as missing deadlines or critical paperwork, filling out forms incorrectly, or violating the rules of your legal order.
My law offices are based in Central Florida, and I assist all my clients with sensitive and complex family law matters, which include divorce, child custody and support, and property distribution. I also assist in separation agreements and domestic violence cases.
Why Choose Emily?
You Are My Priority
No matter how tough your case is, I will be there for you. I understand the complexities of a divorce and commit to being here for you throughout the process, ensuring that I will give you close attention and utmost support. With extensive experience in family law, I not only know the ins and outs of the legal process but understand how hard the process can be on individuals and their children. The last thing you’d want is an unempathetic family law attorney who might complicate the entire process and cause you to feel even more stressed than you already are.
Regardless of whether you’re filing a straightforward uncontested divorce, or if you have plenty of complex issues to iron out with your ex-spouse, I am dedicated to making your case a priority.
Experienced Family Law Expert in Orlando FL
With 14 years of experience in family law cases, I am familiar with and excel at mediation, negotiation, and litigation. Rest assured that you will not be attended to by paralegals or support staff. Instead, you will have the peace of mind that your case is in the hands of a very experienced family law attorney. With my family law firm, I will work with you directly from the beginning to the end of the process.
Alimony for Orlando Divorce
Alimony, also referred to as spousal support, is the law for divorcing couples in Florida. However, the degree to which it impacts your post-divorce life can be negotiated. Appropriate levels of alimony are based on one former spouse’s financial need and the other’s ability to pay.
The legalities of spousal support can be confusing. I will explain the definitions of the many kinds of alimony — permanent, temporary, lump sum, bridge-the-gap, and rehabilitative alimony — as well as factors that the courts consider when determining the amount. These factors include age, education, financial resources and length of the marriage, whether it be short term (less than 7 years), moderate-term (greater than 7 years, less than 17 years) or long-term (17 years or greater) plays a part in determining what the allocations will be for you or your partner. I am here to walk you through every step so that you are knowledgeable of all your options.
> Related Content: Filing for Divorce
Child Support for Altamonte Springs FL Divorce
When it comes to joint custody situations, one parent typically pays child support to the other parent unless the parents’ income is the same. In single custody cases, the non-custodial parent provides child support to the custodial parent to keep the child’s lifestyle maintained. Child custody and support arrangements can be legally modified if conditions change.
Child Custody and Visitation for Altamonte Springs FL Divorce
There are two types of child custody; legal and physical. The majority of the time, parents will agree to share legal custody. Therefore, each parent will have a say in the child’s education, religious upbringing, and healthcare. However, physical child custody and visitation rights are a different story. Unless the parents can agree on these issues, the court will make a decision based on what is in the best interest of the child. If the court is forced to make a decision, it will consider the following:
- Existing parent-child relationships
- Preference and/or particular needs of the child
- Any evidence of parental abuse, criminal behavior or addiction
- Which parent has been the primary caregiver
- The physical and mental health of the parents
- Which parent provides proximity to the child’s school, friends, and grandparents.
In certain situations, the divorcing parents or the courts can decide on joint physical custody, in which the child will live with each parent for equal portions of the week or year. If sole custody is awarded, the non-custodial parent will be awarded substantial parenting time, usually one or more evenings a week and every other weekend.
Why Do You Need an Orlando Divorce Lawyer?
As an experienced family law attorney in Central Florida, I arm you with the facts regarding full financial disclosure and all spousal support matters. I give you the information you need to reach informed decisions and formulate workable agreements.
One of the hot-button issues in any contested or high net worth divorce is an asset and property division. After a settlement agreement is finalized, discussions between divorcing couples and legal counsel have been known to break down over matters of who should own what and how much everything is worth. I am here to ease that process for you and your family so that you can receive a fair agreement. This can be a stressful time, but I am here to provide relief and bring further insight into your situation.
Florida Divorce Process
Divorce proceedings often work differently in different states, so the more you know about the Florida process, the better you will understand how things work.
Florida Divorce Law
Florida is a no-fault divorce state, which means that a couple can get a divorce as long as they can make the case that their marriage is either irretrievably damaged or there are issues of mental incapacitation where a spouse has been incapacitated for a minimum of three years.
Basically, this means that neither party has to explain any extensive reason for their divorce or point the finger at the other to get the divorce.
If you do have kids, however, your spouse can fight the court to keep your marriage alive by asking the court to order both parties to attend counseling. Generally, a judge will concede to this to give you time to try and work out your marriage.
Residency
You or your spouse has to live in Florida to be divorced in the state. This means that you have to satisfy the residency requirements by living in the county where you plan to file your divorce for at least the last six months.
Only one of you has to have satisfied this requirement, though, and not both of you.
Starting The Divorce Process
The actual legal process begins when one of the spouses—the petitioner—files the paperwork asking for a divorce. This includes a petition to dissolve the marriage and a social security and financial affidavit. You will have to file additional paperwork for child custody if you have children.
These forms will need to be filed, but once they are and once the filing fees are paid, the papers must be served. It is only after the papers are served that the divorce is legally official.
At this point, you will have to wait at least 20 days before the divorce is finalized, and this is only if the respondent doesn’t contest the process.
Financial Disclosures
As a part of the financial affidavit, you and your spouse will be asked to include a full account of your properties, incomes, and any other financial assets you have. This could include real estate, credit cards, stocks, and more, and will require you to have documents about your financial situation prepared. You will have 45 days to submit this.
Equitable Distribution for Orlando Divorce
You deserve an “equitable distribution” that dignifies your contribution to your marriage — your fair share of assets and marital property, including:
- Real estate
- Home furnishings
- Antiques
- Art
- Retirement accounts
- Pensions
- Stock options
- Deferred compensation
- Closely held family businesses
- Inherited money or property
- Rental property income
We will determine the separate or “non-marital,” property, which, unless otherwise written, is property bought outside of the marriage. This will help rule out anything that is not useful for your case. If you suspect your spouse is disguising or secreting hidden assets, I will aggressively investigate your claim. If a business valuation is necessary to safeguard your investment in a family business, I can access the assistance of financial experts to get an accurate assessment of your situation.
Divorce cases may be the most common, but family law attorneys offer their services in cases of custody, adoption, pre- and post- nuptial agreements, restraining orders, and many other family affairs. I am a Florida native and Florida-educated and am committed to helping individuals meet their divorce and family law goals. Unlike many family law attorneys, I do not overwhelm you with a mountain of legal jargon. I treat you respectfully at all times, as both an individual and a client.
As an experienced divorce attorney, I ensure you know all of your legal options and how family law statutes can work in your favor. You will have every fact at your disposal, in pursuit of informed decisions. Above all, I want you to trust me with the delicate, private financial details of your life. I work hard to earn that trust. You deserve a legal professional you can safely confide in, so you can have peace of mind during this difficult time.
When the stakes are high, for you and your children, and your voice is not being heard in divorce discussions of property division, reach out to me. My track record of success proves that I can help.
There is life after divorce. Let me help you get there.
Frequently Asked Questions
Will I Receive Alimony?
Alimony, or financial support paid by your spouse to you, is something you can request as a part of your divorce proceedings. The judge is the one who will decide if you have an actual need for it and if your spouse is able to pay for it.
This means that they will consider the standard of living during the marriage, the length of the marriage, your physical and emotional conditions, and your current and potential financial resources. This is why financial affidavits are so important in this process.
Do I Have to Go to Court?
If both you and your spouse do not contest the divorce, your Orlando FL divorce does not need to go to court. This is otherwise known as an uncontested divorce, wherein you both agree on all the issues of the case.
Is Mediation an Option?
Yes, mediation is an option for divorce in Orlando FL. Mediation is where a neutral external party gets involved to help both parties reach an agreement. Keep in mind that the mediator does not actually make any decisions but instead, their job is to facilitate negotiation. Mediation can be effective in helping couples resolve disagreements in their divorce, enabling the entire process to be simpler, less time-consuming, and less costly.
What if My Spouse Abuses Me?
In this case, you can get a restraining order without notifying your spouse even before the divorce begins. After the procedure begins, the court can order your spouse out of the house and order your spouse to stay away from you.
Does Florida Require Separation Before the Divorce?
No, it doesn’t. You do not have to live separately before you file. Many couples choose to, but this is not a legal requirement. As a “no-fault” divorce state, the only grounds for divorce in Florida are the mental incapacity of one party or irreconcilable differences. This essentially means that you can file for a divorce without having to prove any fault of your spouse or having to separate first.
Please click the following to read more information on Relocation, Grandparents’ Rights, and Military Law.
Relocation after Orlando Divorce
Relocation after divorce is the opportunity for a new beginning, the daring to dream of a different future than you originally planned.
Grandparents’ Visitation Rights in Florida
In Florida, divorce is a legal action between spouses, but that’s not the end of the effect. Extended family members can feel the reverberation as well, perhaps none more so than grandparents.
Military Family Law
Military family law is different from typical family law practice, as special circumstances may arise. Anticipating problems specific to divorce in military families allows for a more favorable outcome.
Bankruptcy and Divorce in Orlando
Divorce can cause financial strain. Filing for bankruptcy can seem tempting,as you try to start over with a clean slate. You or your former spouse may want to refresh your finances, but keep in mind there are different factors to consider before you file.
