Defending Your Peace of Mind Divorce

​Orlando Divorce Attorney

Award-Winning Representation for Divorce Cases in Florida

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At the Virga Law Firm, P.A., our team has litigated cases throughout the state of Florida. We know that a divorce is often a traumatic event that affects most aspects of your life. Our team understands that you need an aggressive litigator, but that you also deserve a compassionate lawyer in Orlando, FL to help you through this difficult time.

Because our divorce attorneys have handled cases throughout Florida, it gives us the experience that smaller firms may never have. This experience and commitment to excellence has allowed our firm to develop a statewide reputation for aggressively litigating divorce cases.

Learn more about the divorce process and the types of cases we handle:

What Sets Our Firm Apart?

  • 24/7 Access to Your Attorney
  • Same-Day Appointments Available
  • Listed in the National Trial Lawyers: Top 100
  • Serving Families for 100+ years Combined

Orlando Divorce FAQ

Keep reading to get answers to the most common questions about divorce in Orlando!

Requirements to File for Divorce in Orlando

Before filing for divorce in Orlando, you must meet the residency requirement – one of the parties must have lived in the state for the past six (6) months.

You do not need any predetermined reason to file for divorce in Orlando except that your marriage is "irretrievably broken." Other common reasons for divorce include abandonment, abuse, impotence, and/or mental incapacitation, but these are not legally recognized grounds for divorce.

How to File for Divorce in Orlando, FL

The first step in the divorce process is to fill out the divorce paperwork and file it with the court in Orlando, preferably with the guidance of a divorce attorney. To do so, you will need to pick up a "dissolution of marriage" packet from the court clerk or purchase the forms on the Florida Courts website. Once you have completed the forms, you must file the forms with the Family Court and pay the fee, at which time they will be reviewed and notarized.

Where to File: Orlando Family Court Information

What Does a Divorce Involve?

At The Virga Law Firm, P.A., our lawyers in Orlando have the tools to help clients tackle a wide variety of legal disputes. Our practice areas include:

  • Child Custody – Child custody battles are often the most stressful part of the divorce process. We'll be a relentless advocate for your parental rights, helping you understand the best way to approach your child custody case, the difference between physical and legal custody, and what kind of time-share you should seek with your ex. If possible, we'll work with you to reach a mutually beneficial arrangement. If that's not possible, then we'll fight for your child's best interests in the courtroom.
  • Mediation – Not everyone wants to leave the outcome of their divorce case to the court. If you're interested in reaching an agreement with your spouse, we're here to supply you with the mediation services you need.
  • Alimony(Spousal Support) – Our lawyers are here for you whether you're requesting spousal support from a soon-to-be-ex or acting as the payor in the alimony arrangement. We'll help you determine what sort of alimony arrangement would be equitable given your circumstances, and pursue it in the courtroom.
  • Property Division – During a divorce, many individuals are concerned that their ex will seize certain assets or make off with the lion's share of valuable property. Our attorneys can help you determine the value of your property and what sort of distribution arrangement you can expect from the court. A favorable judgment in a property division case can dictate your financial stability for years to come—you deserve a lawyer who will take your case seriously.
  • Enforcementand Modificationsof Court Orders – Frequently, circumstances change post-divorce. Whether your ex is shirking their responsibilities or you need a new type of order that more accurately reflects your current conditions, we're here to help. We'll work with you to file for the enforcement or modification of court orders and help you regain control of your case.
  • Pre- and Postnuptial Agreements – A prenuptial or postnuptial agreement can help you ensure your marriage is fair and equitable to both parties. Whether you want to secure your business or protect your spouse from a risky investment, we'll work with your partner's attorney to develop a mutually beneficial prenup or postnuptial agreement.
  • Domestic Violence – If you're suffering from domestic violence, we can help you pursue a restraining order and gain the protection you need. Alternatively, if you're wrongfully accused of abuse, you need an attorney who will help you fight domestic violence charges.

We understand that legal disputes can be incredibly stressful and challenging to handle. Our attorneys in Orlando, FL have more than eight decades of combined experience helping clients navigate different types of legal matters, including those listed above.

The Divorce Process In Orlando, FL

Divorce is not a simple process. Even in cases where both parties want a divorce and are willing to work together, there are too many moving parts to attempt the process without professional counsel. You need a lawyer at your side, either to guide you through an uncontested divorce or to fight for your interests in divorce litigation.

Keep reading to learn what the divorce process looks like in Orlando!

What Happens After You File for Divorce?

Once you've filed your divorce papers at the Orlando family court, the process becomes more complicated. Make sure you have an attorney representing you at this time, even if your case is uncontested, to ensure no mistakes are made and the process is as quick and smooth as possible.

After you file your divorce papers, the divorce process in Orlando will include:

  • Discovery - After filing or responding to divorce papers, a financial affidavit must be filed within 45 days and mandatory disclosures must be provided to the other party, such as proof of income, retirement accounts, and tax returns. It is vital to have a skilled lawyer during discovery, both to protect your assets and to ensure that the other party is providing accurate information.
  • Mediation - Most divorces are required to go through mediation first, to see if the contested areas of the divorce can be resolved without going to court.
  • Parenting Plans - If you have children, then you will need to work out an official parenting plan in alignment with Florida law. This plan must be approved by a judge based on the child's best interests. If you cannot agree on a parenting plan, then the court will make the final custody decision.
  • Division of Property & Debts - In uncontested cases, division of marital property can be decided between the parties and outlined in their divorce agreement. In contested cases, a judge will decide how your property, assets, and debts will be divided based on Florida's equitable distribution laws.
  • Trial - Finally, if your divorce is contested and cannot be resolved through collaborative law or mediation, then you will have to go to court. This can be a long, drawn-out process depending on how contested your divorce is, but a good attorney can prevent your case from dragging on, saving you time, money, and stress.

Contact The Virga Law Firm, P.A. immediately if you need an attorney in Orlando, FL. Our team of attorneys are known for their excellence and experience in all types of divorce, whether it can be resolved through mediation or must go to trial.

Why Can’t I Settle My Divorce without an Attorney?

While legally you are entitled to file your divorce case without legal counsel, it places you at a distinct disadvantage to do so. Without knowledgeable legal representation at your side, you will more than likely walk away from your divorce with a less-than-favorable outcome.

Here are some questions to ask yourself before hiring a divorce attorney:

  • Am I at risk for abuse? (verbal or physical)
  • Is my spouse hiding assets or lying about key issues?
  • Has my spouse retained a lawyer?
  • How will my children be affected by the divorce? (if applicable)
  • How will our business and home be divided?

The legal system is complex and can be difficult for those who are unfamiliar with it to successfully navigate. Make sure you have an experienced lawyer on your side!

What Are the Differences Between an Uncontested Divorce & a Contested Divorce?

A contested divorce occurs when a couple can’t come to an agreement on the matters of their divorce, including child support, child custody, spousal support, and the distribution. Often, these divorces take a long time to resolve and can grow financially and emotionally costly. The timetable for these divorces range significantly, but generally last at least 1 year; with extreme and rare cases lasting 5 or more years. If your divorce is contested, it's imperative that you contact our office right away before filing.

Uncontested divorces are simply the opposite—both spouses are able to agree on every point of their divorce. That is not to say that the divorce has to start as uncontested, it can be filed as contested and eventually switch if both parties have a change of heart and mind. The average timeline for uncontested divorce is roughly 4 months. The time of preparation is usually 2-3 weeks with a final hearing waiting time of 90 days. This form of divorce is the most popular because it's both time and cost effective.

These terms are important to be familiar with since you will probably run into them at least once during the process of your divorce.

How Much Child Support Can I Get?

This is a challenging question to answer without knowing the specifics of your case. Often, this amount is based on a variety of factors, including the child’s needs, any special needs the child may have, the financial circumstances of each parent, and the child’s standard of living before the divorce, among others.

The judge will take many different issues into account when making the decision, since it is important that the amount both meets the child’s needs and is affordable by the parent ordered to make the child support payments.

Is My Spouse Entitled to My Retired Military Pension?

It is true that your spouse can claim up to half of a retired service member’s military pension, under the Uniformed Services Former Spouse Protection Act (USFSPA). Judges will take certain factors into consideration, however, including the length of your marriage and the length of the service member’s service.

Why Should I Choose The Virga Law Firm, P.A.?

Besides our many years of experience, we genuinely care about every client who comes through our doors. We strive to provide top-quality legal representation the entire way through your case, no matter what you’re facing. Our attorneys are available 24/7, so you can trust we will always be there to answer your call.

With hundreds of cases handled successfully, our team at The Virga Law Firm, P.A. has the insight and resources you need to gain an effective resolution to your case. We are here to support you and guide you through this turbulent time so you can make well-informed decisions and reach a beneficial resolution.

Let our lawyers in Orlando go to work for you. Contact usto schedule your consultation!

  • “I will definitely be recommending to anyone I know that needs a child custody or divorce attorney!” - A Divorce Client
  • “If you are looking for an attorney who is professional, honest, knowledgeable and responsive to your needs, Gerard Virga meets such requirements.” - A Divorce Client
  • “He responded to my messages promptly and I never felt rushed when speaking with him in meetings and phone conversations.” - A Divorce Client
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Our Firm Gets Results

More Reasons to Hire Us:
  • Committed to Aggressive Representation
  • Same-Day Scheduling Available
  • 6 Locations Throughout Florida
  • Over 100 Years of Collective Experience