Divorce Law Firm Orlando
Law Offices of David Maxwell, P.A.

"When Patience and Understanding Matter the Most"

Type of Cases Our Firm Handle:
Divorce & Family Law and Bankruptcy Ch. 7 & Ch. 13

We Think You Should Hire Us If:
You Want an Experienced, Honest, Dedicated in Helping You Get Good Results and Competitive Prices - You See the Attorney and He Goes to Court With You.

Our Firm Is Not Right for You If:
A Firm That Just Wants to Run You Through a Mill

If You Want to Tell Our Law Firm About Your Situation You Should:
Call or Email Us - We Answer All Inquiries

Our Clients Will Tell You:
We Are Knowledgeable, Considerate, and Spend Time with You - We Care

Our Philosophy on How We Approach Our Cases Is:
With Authority, Confidence, and Empathy

Mission Statement:
Ensure Our Clients Receive Experienced, Prompt, and Complete Representation - Take it to the Max.

DIVORCE IN ORLANDO FLORIDA

"Dissolution of marriage" (divorce) is now the legal term for ending a marriage in Florida. A dissolution of marriage is the legal act of terminating a marriage (divorce) through a court action. In this discussion the terms "dissolution of marriage" and "divorce" will be used to mean the same thing.

The purpose of the Florida Dissolution of Marriage (divorce) Statute is to promote the amicable settlement of disputes that arise between the parties to a marriage and to lessen the potential harm to the spouses and their children caused by the process of the legal dissolution of marriage (divorce).

Under Florida law, a dissolution of marriage (divorce) will not be determined on the basis of the fault of one or both of the parties. There are only two grounds for the dissolution of marriage (divorce) -- 1. the marriage is irretrievably broken, or 2. one of the parties is mentally incompetent.

The ground for the dissolution or marriage (divorce) based on the incompetence of one of the parties is rarely used. It cannot be used unless the party alleged to be incompetent has been held by a judge to have been incompetent for a period of at least three years.

The more usual reason used to obtain a dissolution of marriage (divorce) is that the marriage has proved to be irretrievably broken. Irretrievably broken means the parties have differences or disputes that cannot be settled, and they must be so serious that they have caused the total and complete breakdown of the marriage.

In order to file any petition for dissolution of marriage (divorce), one of the parties to the marriage must have lived in Florida for six months before filing the petition. This requirement prevents people from out of state from coming to Florida for the sole purpose of using the courts here to dissolve a marriage.

The dissolution of marriage (divorce) process begins with a "Petition" for dissolution of marriage (divorce), filed with the court by the husband or wife, which states the reason for the dissolution of marriage (divorce) and sets out what the person wants from the marriage. The person who first files the petition is called the petitioner.

The other partner, called the respondent, files an "Answer," which responds to the initial petition. The person filing an Answer should be aware that there are time limitations to respond to the Petition indicating whether each paragraph is admitted or denied. An answer must be filed within 20 days from the time it is received. One copy is sent to the Petitioner. The original answer is sent to the court if the Respondent wants relief from the court, that person may file a counter petition. If you have received papers, you must not delay in seeking assistance.

Many issues can be determined in the dissolution action (divorce): parenting plan (child custody, visitation, parental responsibility, child support,) alimony, distribution of assets and debts, and who will pay the attorney's fees. Each party must file a financial affidavit. Other financial documents are required unless both parties agree not to file them.

Some couples agree on property settlements, parenting plan and other post-divorce arrangements before or soon after the original petition is filed. In those cases, a dissolution of marriage (divorce) can become final in a shorter period of time.

Couples who work out their differences, can appear before a judge for a final hearing with a suggested settlement. This can be done by preparing a written settlement agreement and filing it with the court or by going through mediation and reaching an agreement.

Mediation is a procedure to assist you and your spouse in reaching an agreement without a long, drawn-out process in getting your divorce. Its purpose is not to save a marriage, but to help divorcing couples reach a solution to their problems and arrive at agreeable terms for handling their marriage dissolution (divorce). Many counties have mediation procedures available.

Finally, if a couple cannot reach a settlement, the couple may be required to appear before a judge or general magistrate to resolve these matters. If the issues remain unresolved, the couple will go to trial--with each side presenting its case. At this trial, both sides must present their witnesses and submit any proof or evidence to the judge to support their case or to challenge the other side's case. There are complex rules of evidence which must be followed. The judge makes the final decision on such contested issues.

The dissolution of marriage (divorce) process is designed to make the divorce as fair as possible to both husband and wife. This usually means negotiation and compromise by both partners. In most jurisdictions the couple and their children must attend classes to help them deal with the divorce.

Often, the termination of a marriage involves complex questions of law and court procedure which may permanently affect your property and personal rights. You should seek the assistance of an attorney who is experienced in these matters in order to be certain that these rights are not lost.

UNCONTESTED OR CONTESTED DISSOLUTION OF MARRIAGE (DIVORCE)? There are basically two types of dissolution of marriage (divorce) - uncontested or contested.

UNCONTESTED DISSOLUTION OF MARRIAGE (DIVORCE). The parties are able to agree. They each recognize the marriage is irretrievably broken, but have decided to end the relationship amicably without acrimony and fighting. The parties agree on all issues and wish the attorney to put the paperwork together and to appear in court with one of the parties to resolve everything legally. The attorney can still only counsel and represent one of the two parties.

CONTESTED DISSOLUTION OF MARRIAGE (DIVORCE). Anything other than the above. The parties do not agree on at least one issue.

The main practical difference between an Uncontested and a Contested dissolution of marriage (divorce) is that the first is much less expensive in time, stress, and money for the parties.

Call us today for a consultation. dissolution of marriage (divorce) consultations are free provided you hire us for the dissolution of marriage (divorce).

Attorney David Maxwell Bio

Practice Areas:

• Personal Injury
• Immigration
• Bankruptcy's 7 & 13
• Wills/Trusts/Estates
• Divorce
• Family Law
• Probate

Full Name:
E. David Maxwell

Firm Name:
Law Offices of David Maxwell, P.A.

States/Courts Admitted:
Florida, Northern, Middle, Southern Districts of FL
Florida Supreme Court

Counties Served:
Orange
Seminole
Lake
Brevard
Formerly: Palm Beach & Marion

Courts Served:
Orange
Seminole

Law School:
University of Florida Law School, 1967

Undergrad:
Florida State University, 1960

Past Positions:
U.S. Air Force JAG Officer

Memberships:
the Florida Academy of Trial Lawyers (since 1977)
Presidents Club

Societies:
Orange County Bar Association
100 Club Member for Attorney YMCA

Year Firm Established: 2004 - Originally 1971 in Palm Beach

Year Most Active Senior Member/Active Partner Admitted: 1967