Ending a marriage is rarely easy. For most people, it becomes one of the scariest and most emotionally difficult periods of their lives. The decisions made during a divorce will affect your future as an individual and as a family, which is why it is so important to find a family law firm you feel comfortable with. One that will listen to your concerns, understand your needs, and put your best interests first from the very beginning.
At Jenkinson Legal, Attorney AnnMarie Jenkinson handles every case personally. She takes a client-focused approach and tailors her strategy based on the specific circumstances of your situation. No two people are alike, and no two divorces should be handled the same way. Whether your case is straightforward or highly complex, we are committed to providing personalized, one-on-one attention so you can concentrate on your life and family while we handle the legal process.
We serve clients throughout Central Florida, including Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties. Call us today at (321) 837-9547 for a FREE initial consultation.
Divorce in Florida: What You Need to Know
In Florida, divorce is legally referred to as dissolution of marriage. Florida is a no-fault dissolution of marriage state, which means you no longer have to show or prove a reason for the divorce. You can request a dissolution by simply stating that the marriage is irretrievably broken. You do not need to prove wrongdoing, infidelity, or any other fault on the part of your spouse.
Before filing, at least one spouse must have resided in the state of Florida for a minimum of six months. This residency requirement applies in all Florida dissolution cases, including situations where one or both spouses are active duty military members, which carry additional federal considerations that require the guidance of a knowledgeable divorce attorney.
Though divorces can be very complicated matters depending on the circumstances of your marriage, a skilled divorce attorney can help you understand all of your options, identify your goals, and develop a plan that is right for you and your unique situation. Depending on whether you and your spouse are able to reach agreements on the major issues, your case will generally proceed as either a contested or uncontested divorce. For those with significant assets, a high-asset divorce approach may be necessary to ensure your financial interests are fully protected.
Contested Divorce
A contested divorce occurs when spouses cannot reach agreement on one or more major issues in their dissolution of marriage. When emotions get in the way, you can find yourself in a draining contested divorce process that takes a significant amount of time, money, and emotional energy. Unlike a simple dissolution of marriage, a contested divorce requires the court to step in and make decisions for the parties when they are unable to do so themselves.
In order for the court to make those decisions, it must hear arguments and review evidence from both sides. More often than not, this can result in personal information, sensitive financial records, and other private matters being aired in open court. Contesting issues in a divorce is extremely time-consuming and emotionally taxing, which is why having an aggressive, experienced advocate by your side is absolutely essential.
What Can Be Contested
Your spouse can challenge nearly all aspects of a dissolution of marriage, including:
- Child support and the calculation of each parent’s financial obligations
- Parental responsibility and the time-sharing schedule
- Division of marital assets and debts
- Spousal support (alimony)
- The marital home and other real estate
- Paternity and parentage issues
- Allegations of domestic violence
- Potential relocation
How Jenkinson Legal Handles Contested Divorces
Attorney AnnMarie Jenkinson is an experienced divorce litigator who prepares every contested case as though it may go to trial, while always looking for the most efficient and cost-effective path to resolution. She will work to keep negotiations moving forward to avoid as much emotional distress as possible, while remaining fully prepared to challenge the arguments of the opposing party in court and provide strong support for your position.
A contested divorce typically involves serving your spouse with a petition, exchanging financial disclosures, attending mediation, and potentially attending multiple hearings and possibly trial. It is important that you choose an aggressive advocate who understands the full scope of what is at stake and has real trial experience. We approach every contested case with your well-being in mind and seek to achieve the best possible results in the most cost-effective way possible.
We want you to feel comfortable and trust that your attorney is fighting for you. If you are facing a contested divorce, do not wait. Call us today at (321) 837-9547 for a free initial consultation to discuss your needs, options, and legal rights as quickly as possible.
Uncontested Divorce
When both spouses are able to come to terms with how they wish to handle their dissolution and reach agreement on all relevant matters, an uncontested divorce can be the fastest, most cost-effective, and least stressful path forward. When appropriate, an uncontested divorce can cut down on a significant amount of the time, money, and frustration that often surrounds contested divorces.
To qualify for a simplified dissolution of marriage in Florida, you and your spouse must generally meet the following requirements:
- Both parties have resided in Florida for a minimum of six months
- There are no dependent minor children and no current pregnancy
- Both parties mutually consent to the agreement
- Neither party seeks spousal support (alimony)
- Neither party seeks a trial or appeal
When both parties agree on all particulars, the attorneys draft a Marital Settlement Agreement (MSA) that addresses the distribution of assets and debts, the marital home, and any other relevant matters. While MSAs are typically accepted by the court, the court is not required to accept an MSA that it finds to be unfair to one party, which is why it is important to have an experienced attorney reviewing the agreement to ensure it is fair, complete, and properly documented.
What If You Do Not Agree on Everything?
Even if you and your spouse do not completely agree on every issue, there may still be a way to resolve your case without adversarial litigation. Divorce mediation can be very effective in facilitating cooperation and helping couples reach mutually agreeable solutions. Coming to a mediation agreement can avoid the time, stress, and expense of court hearings or trial, and gives you a much greater amount of control over the outcome of your case.
It is important to have an experienced divorce lawyer representing you throughout mediation proceedings to ensure your rights are protected and that the final agreement is as favorable as possible for you and your children. Attorney AnnMarie Jenkinson has extensive experience representing clients in mediation and knows how to advocate effectively for your goals at every stage of the process.
If you and your spouse have reached an agreement on all relevant matters, or if you would like to explore whether an uncontested divorce is right for your situation, call us today at (321) 837-9547 for a free initial consultation.
High-Asset Divorce
Divorces involving significant or complex assets require a level of knowledge, preparation, and strategic planning that goes well beyond a standard dissolution of marriage. When businesses, commercial real estate, investment portfolios, retirement accounts, stock options, or other complex holdings are involved, the stakes are extraordinarily high and the margin for error is very small. Without careful attention to valuation and strategy, you could walk away from your marriage with far less than you are legally entitled to.
What Makes a High-Asset Divorce Different
Florida divides marital property through equitable distribution under Florida Statute § 61.075. Equitable means fair, not necessarily equal, and the court begins with a presumption that marital assets should be divided equally before examining the specific circumstances of the case. In a high-asset divorce, identifying, classifying, and accurately valuing all marital assets is a critical and often complicated undertaking.
Common issues in high-asset divorces include:
- Business ownership and valuation. When one or both spouses own a business, determining the marital value of that business requires careful analysis and often the involvement of a forensic accountant or business valuation expert.
- Real estate holdings. Multiple properties, investment real estate, or commercial holdings each require individual valuation and careful handling in the equitable distribution process.
- Retirement accounts and pension plans. Dividing qualified retirement plans such as 401(k) accounts and pension plans requires specialized court orders known as Qualified Domestic Relations Orders (QDROs) to avoid significant tax penalties.
- Stock options, deferred compensation, and investment accounts. These assets often have vesting schedules, tax implications, and valuation challenges that require experienced legal guidance.
- Hidden or dissipated assets. In high-asset cases, one spouse may attempt to conceal or undervalue marital assets. We know how to identify these issues and address them effectively through the discovery process.
- Prenuptial and postnuptial agreements. If a marital agreement exists, it will need to be carefully analyzed to determine how it affects the distribution of assets and whether it is enforceable under Florida law.
Our Approach to High-Asset Divorce
Attorney AnnMarie Jenkinson has the knowledge, experience, and network of financial and valuation professionals necessary to handle complex, high-asset divorce cases with the level of skill and attention they demand. She works to ensure that all marital assets are accurately identified, properly valued, and equitably divided so that you are fully protected.
Divorce law is one of the most delicate legal issues you can face. Your future life as an individual and as a family will be affected by the manner in which these issues are resolved. The impact these difficult times will have on your life, as well as the lives of your children, makes it critically important that you secure the most successful family law attorney you can.
We never drag out a case to increase fees or augment controversy between the parties. Our mission is to resolve your case as expeditiously and cost-effectively as possible while always protecting your rights and pursuing the best possible outcome for you and your family.
Contact Jenkinson Legal Today
If you are considering a divorce or have already been served with a petition, do not wait to seek experienced legal representation. The decisions made in the early stages of a dissolution of marriage can have a lasting impact on the outcome of your case.
At Jenkinson Legal, we have one simple objective: provide personalized, one-on-one attention to our clients’ legal worries so they can concentrate on life and family. Attorney AnnMarie Jenkinson will be your constant confidant, listener, and aggressive advocate throughout this process.
Call us today at (321) 837-9547 for a FREE initial consultation. You may also reach us by email through this website to discuss your needs, options, and legal rights as quickly as possible. Jenkinson Legal proudly serves clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This page is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.
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