Sarasota Divorce Lawyer

The marriage dissolution rate in the U.S. has leveled off since the 1990s. However, for the most part, these cases are more complex than ever. Financial issues are a good example. Almost every year, consumer debt levels hit a new all-time high. In other words, people are buying more items and borrowing more money. As a result, marital property division during a divorce is a long and time-consuming process. More on that below.

The experienced Sarasota divorce lawyers at Carman & Bevington routinely handle these matters throughout the Sunshine State. Over the years, we have developed proven methods that allow us to quickly get to the heart of your divorce case and focus on the issues that matter most. Then, when your case goes to court, we don’t settle for anything less than the best possible result under the circumstances.

Divorce Issues

We discussed some financial issues in a divorce above, but we did not discuss property classification issues, which can be even more complex.

These complexities are also very common. For example, Husband might use money from his paycheck (marital asset) to pay his student loans (non-marital debt). If the couple divorces, Wife may be entitled to a share of the marital assets husband dissipated (wasted) on non-marital obligations.

Divorces in Florida almost always involve emotional issues as well, mostly child custody and visitation matters.

The law regarding child custody and visitation has changed significantly in recent years. Florida lawmakers have emphasized co-parenting by adding relevant provisions to the family code. Terms like custody and visitation are now considered outdated. Children no longer “live” with one parent and “visit” the other one. Instead, the law presumes that children benefit when they spend consistent and meaningful amounts of time with both parents.

Some things have not changed. Property must still be divided equitably between the spouses, and parenting time orders must be in the best interests of the children. Here again, disputes often arise.

“Equitably” is not the same thing as “equally.” Some equitable division factors include the standard of living during the marriage, each spouse’s future earning power, and the award of non-marital assets. As for the best interests of the children, most parents agree with this general principle. But they disagree as to the specifics.

The Divorce Process

Most divorce cases settle out of court, and they could settle at any time. However, most of these matters follow the same general outline. A Sarasota divorce lawyer is an important partner every step of the way.

Initially, a judge usually holds a temporary hearing about two weeks after the petitioner files legal paperwork. Attorneys must ensure that the ground rules, such as temporary spousal support and parenting time rules, are as favorable as possible. Otherwise, the deck will be stacked in favor of the other side.

An information exchange process, discovery, usually comes next. Sometimes, discovery simply involves a few documents, like tax returns and school records. Other times, however, discovery is much more complex, especially given the aforementioned issues.

Some divorce cases settle quickly, but most settle during mediation. A third-party mediator ensures that both sides negotiate in good faith. Mostly because of this good-faith negotiation duty, and also because emotional courtroom showdowns are not a good idea in most cases, divorce mediation is about 90% successful.

Rely on a Thorough Sarasota County Divorce Attorney

Modern divorces seemingly become more complicated every year. For a free consultation with an experienced family law attorney in Sarasota, contact Carman, Bevington & Finegan, P.A. Convenient payment plans are available.