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Orlando Prenuptial Agreement Attorneys
Attorney Moe DeWitt of the DeWitt Law Firm explains prenuptial agreements in Florida.
A prenuptial agreement is an agreement entered into by two people before they get married. This agreement deals with the financial consequences of their marriage in the event of divorce. In the absence of a prenuptial agreement, divorce law controls those consequences. A prenuptial agreement can provide a couple with predictability and control over a divorce. Instead of leaving these issues to the courts to decide, the couple can control their fate.
There are certain circumstances where a prenuptial agreement can be particularly helpful. The following are examples of some such situations:
- Where one partner is much wealthier than the other. In these circumstances, the wealthier partner may want to be sure that the marriage is for love, not just for money, may want to protect premarital assets, and limit the amount of alimony to be paid. The less wealthy partner may want a prenuptial agreement to make sure he/she will be provided for in the event of a divorce.
- Where one partner is going to stay home to raise children. When one partner gives up a job or career to raise children, they are giving up earning potential and may want to make sure they are protected financially in the event of a divorce. A prenuptial agreement can equalize the financial burden of raising children.
- Where one partner is remarrying. Children may resent when a parent remarries. They may feel that the parent will give all of their assets to the new spouse instead of to them. This is especially true when the former spouse of that parent has died. Adult children may feel that the dead parent’s hard work will inure to the benefit of the new spouse instead of to them. A prenuptial agreement can address these fears and hopefully lead to a better relationship between the children and the new spouse.
- Where one partner owns a business. A partner may have spent years and significant financial resources building a business before the marriage. These efforts may bring great rewards during the marriage. A prenuptial agreement can address the distribution of income and profits from the business and can protect business partners from having to deal with a spouse in the event of divorce.
The DeWitt Law Firm has helped many clients with prenuptial agreements. We know the importance of making sure all necessary financial and other requirements are met to protect your rights. Please contact us so we can discuss a prenuptial agreement with you.
How much does it cost to get a divorce?
Nobody can say with certainty how much your divorce will cost. However, given the issues in your divorce case, we can usually provide an estimate of the cost of the divorce through mediation. While you are simply paying for the time of the attorneys and paralegals, an experienced divorce attorney will be able to provide you with a reasonable estimate of a divorce given the specific issues in your case. If your divorce is contested and proceeds to trial, it will obviously be more expensive as trial can be time consuming. Additionally, you may also need to budget for the utilization of experts such as financial professionals, vocational evaluators, mental health experts, and a Guardian Ad Litem (GAL).
How long does it take to get a divorce?
If a divorce is truly uncontested, it can take between 30 and 90 days to finalize the process. However, if the matter is contested and proceeds to mediation, the average time to finalize the divorce is between 3 and 6 months. If the parties are unable to settle at mediation and the case proceeds to trial, the average time to finalize the divorce is a year or longer depending on the judge’s schedule to get a trial date.
These time frames are averages based upon our prior experience. Depending on the complexity of the issues, cooperation of the parties, court schedules, and other unanticipated issues, the time frame may vary. The process may also be extended if either party files an appeal.
Can I relocate after a divorce?
You are permitted to relocate within a 50-mile radius, after a divorce, as long as your Final Judgment or Marital Settlement Agreement does not provide otherwise. If you wish to relocate outside of the 50-mile radius, you must file a Petition for Relocation with the Court. It should be noted that a stay of less 60 days is generally not considered a relocation under Florida Statutes.
How does the Court determine who should have the children?
The court must decide, after hearing evidence and testimony, what is in the best interest of the minor child or children. The court looks at a variety of factors that are set forth in section 61.13, Florida Statutes, to make this determination. For example, the court looks at the history of the relationship between the children and each parent, the moral fitness of each parent, mental and physical health of each parent, the division of parental responsibilities after the divorce, the ability for each parent to provide a routine for the children, how the children relate to each parent, which parent is more likely to foster a good relationship between the children and the other parent, and which is more likely to share information and to encourage frequent time-sharing with the other. As these are only some of the factors that a court considers, it is important to consult with a family law attorney to fully evaluate your case.
I have been divorced. Can I have the Final Judgment modified?
In Florida, a final judgment may typically only be modified as to alimony, child support, timesharing, or parenting plan issues.
If seeking to modify a final judgment as to alimony or child support, the party seeking to modify must show a (1) substantial change in circumstances, (2) that was not contemplated at the time of the entry of the agreement or Final Judgment, (3) that is sufficient, material, involuntary, and permanent in nature has occurred. However, voluntary retirement is also a basis for a modification of alimony when the voluntary retirement is reasonable.
If seeking to modify a final judgment as to issues involving timesharing or parenting plan issues, the party seeking to modify must show (1) that a substantial, material, and unanticipated change in circumstances occurred after the original custody/visitation determination and (2) that the requested modification is in the children’s best interests.
If you believe that your situation warrants a modification of the Final Judgment, please speak to attorney to determine whether a Petition to Modify may be appropriate.
Do I need an Attorney to Get a Divorce?
You are not required to have an attorney to proceed with a divorce. However, it is recommended that you have an attorney assist you as the process can be complex and difficult to navigate on your own.