Trusted Brevard County Family Lawyers Negotiate Divorce Agreements

Caring Melbourne attorneys advocate for divorcing and separating spouses

If your marriage is coming to an end, the supportive Florida family law attorneys at Tucker Mitnik P.A. are prepared to help you move forward while holding onto what you value most. Since opening our Rockledge office in 1989, we have worked out divorce agreements that ensure financial stability for each spouse and protect the relationships between Brevard County parents and their children. People throughout the Melbourne area come to us for our strategic approach, responsive communication and skilled litigation tactics.

Seasoned counselors guide clients through divorce options

In Florida, a person can file for divorce — known as “dissolution of marriage” — if he or she is legally married and has been a Florida resident for the preceding six months. There are two ways to proceed:

• Regular dissolution of marriage — This traditional process starts when one spouse files a petition for dissolution, which the other spouse must answer within 20 days. Then, the spouses have 45 days to file financial affidavits and child support worksheets, which help with the fair division of assets and assignment of parental financial responsibility. Any conflicts between spouses are dealt with through negotiation and/or mediation. When spouses can agree on all matters, they can submit a settlement agreement to the court for approval. If any conflicts remain unresolved, the divorce is considered contested and is put on a litigation track.
• Simplified dissolution of marriage — If spouses do not share any minor or dependent children and are not expecting a child, simplified dissolution may be an option. In order to qualify for this procedure, which saves time and money, the spouses agree about the handling of all assets and debts and neither spouse can seek alimony.

Agreements that enable uncontested dissolution of marriage may be worked out via collaborative divorce, whereby spouses and their attorneys work together to reach arrangements that are acceptable to all.

Florida allows for no-fault divorce based on an irretrievable breakdown of the marriage, rather than requiring either spouse to allege wrongdoing by the other to establish grounds for dissolution. However, there are certain cases wherein claiming fault grounds for the divorce may be advisable, such as when domestic violence or erratic behavior is involved. A court can consider wrongdoing by a spouse when making decisions about alimony, property division and child custody.

Skilled negotiators forge agreements for spousal support and asset division

Utilizing decades’ worth of experience, we pursue divorce agreements that allow our clients to move on to the next chapter of their lives without giving up the most important parts of the previous chapter. Our lawyers negotiate and litigate:

• Distribution of property — Florida’s equitable distribution system is designed to give each spouse a fair share of marital property. To achieve a fair settlement for our client, we make sure the court has an accurate depiction of his or her economic circumstances, childcare and homemaking contributions to the marriage and personal career sacrifices made to help the other spouse or the children.
• Alimony — One spouse may seek spousal support from the other in order to maintain the standard of living that was typical of the marriage. There are several types of alimony available in Florida, including bridge-the-gap, rehabilitative, durational and permanent. Calculations of alimony payments are made based on the length of the marriage, the financial resources of each spouse and other relevant factors.

When your spouse either won’t negotiate or makes demands you consider unreasonable, we go to court to fight for what you deserve. Our firm has an extensive record of positive trial outcomes.

Contact knowledgeable Florida divorce attorneys to schedule an initial consultation

At Tucker Mitnik P.A., we help people in the Melbourne and Rockledge area and throughout Brevard County settle and litigate divorces. To arrange for a consultation, call our office at 321-392-5239 or contact us online.