Divorce

Family Law Attorney Assisting Residents of Volusia County

At the Law Office of Genine Ann Mejia, we provide legal representation regarding a divorce, as well as issues that can arise during a divorce, such as alimony, property distribution, child support, and child custody. If you are anticipating a divorce, you should retain a skillful and compassionate Volusia County divorce lawyer. Whether your divorce will be a contested divorce or an uncontested divorce, Genine Ann Mejia will aim to resolve it as smoothly as possible.

Divorce Residency Requirements

In a Florida divorce, one or both spouses must have kept a Florida legal residence for at least six months. Your residence is the state in which you actually live. To establish residency, you will need to show that you mostly live in Florida and will not leave any time soon. Judges can review a couple’s overall circumstances to determine whether there is residency. Generally, you will need proof that your spouse or you have made Florida your permanent home, and this proof can take the form of how you use a marital home, voter registration records, local memberships, and overall lifestyle.

Grounds for Divorce

Florida has abolished fault grounds for divorce. That means that you do not need to show an issue like adultery, mental illness, or alcohol abuse to obtain a divorce. Instead, a divorce attorney in Volusia County can help you show that your marriage is irretrievably broken. Sometimes the reasons why a marriage has broken down — such as spousal abuse — may be considered when the court determines alimony, property distribution, and child custody issues.

Common Issues During a Divorce

Often, the spouses will need to resolve issues related to property distribution, child custody, alimony, and child support. These issues may involve strong and deep feelings. It is crucial to retain an attorney who not only understands the law but also is able to support you during a process that can be challenging.

Property in Florida is supposed to be equitably divided, as are debts. An equitable division is a division that is fair but not necessarily even. In other words, the property will not necessarily be split 50-50. Whatever the judge considers to be equitable and fair is how the property will be divided.

Child custody consists of two concepts: legal custody and physical custody. Legal custody involves having the right and duty to make decisions about how a child should be brought up. Parents with legal custody can make determinations about a child’s education, medical care, and religious upbringing. If you want to preserve your role in these areas, you can retain a Volusia County divorce attorney to protect your rights. Often, courts award joint legal custody so that both parents can make decisions for a child. Physical custody, also known as time-sharing, refers to an arrangement in which a parent has the right to have a child live with him or her. Joint physical custody is often awarded when the parents live near enough to each other; in this arrangement, a child can spend significant amounts of time with each parent. However, a parent may lose their rights of visitation or custody when there is evidence of child abuse, domestic violence, sexual violence, or neglect. Under certain circumstances, a judge may order supervised visitation. The court can consider a child’s safety and health, as well as evidence of substance abuse within a home.

A court makes a determination about child custody by looking at the best interest of a child, including evidence of parenting ability, the circumstances and health of each parent, and whether a parent asking for custody can truly meet the child’s physical and emotional needs.

Consult a Divorce Lawyer in Volusia County

If you are concerned about an impending divorce, you should consult an experienced attorney who knows how to build a strong strategy for your case, works hard toward a resolution, and treats you with respect and compassion during a difficult time. At the Law Office of Genine Ann Mejia, our principal is a caring and capable attorney who inspires confidence. We also represent spouses and parents in Flagler County. Call us at (386) 463-0849 or complete our online form.