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Divorce Process

Divorce Process in Orlando

Divorce is a challenging and emotionally charged process that can be particularly complex due to the varying laws and regulations from state to state in the United States. In this comprehensive guide, we will delve into the divorce process in Florida. Whether you are contemplating divorce, in the midst of it, or just curious about the process, understanding the legal framework and steps involved can help you navigate this difficult journey with more clarity and confidence.

Grounds for Divorce

Florida is a "no-fault" divorce state, which means that you do not need to prove that your spouse did something wrong to obtain a divorce. The only requirement is that the marriage is "irretrievably broken." This no-fault approach often simplifies the divorce process by reducing the need for lengthy and contentious court battles over fault-based allegations.

Residency Requirements

Before filing for divorce in Florida, you or your spouse must meet the state's residency requirements. At least one of you must have been a Florida resident for at least six months before filing. If you both meet this requirement, you can file for divorce in the county where either spouse resides.

Filing for Divorce

The divorce process in Florida typically begins when one spouse files a "Petition for Dissolution of Marriage" with the local circuit court. This legal document outlines the grounds for divorce and the issues you want the court to address, such as property division, alimony, child custody, and child support. The filing spouse is known as the "petitioner," while the other spouse becomes the "respondent."

Serving Divorce Papers

Once the petition is filed, the petitioner must serve a copy of the divorce papers to the respondent. This service can be done in various ways, including in-person by a sheriff or process server, by certified mail with return receipt requested, or with the respondent's written consent. Proper service is crucial, as it ensures that the respondent is aware of the divorce proceedings.

Waiting Period

In Florida, there is a mandatory waiting period before the court can finalize the divorce. This waiting period is 20 days from the date of service of the divorce papers. It provides both parties with a window of time to address immediate concerns and possibly reach agreements on issues like property division and child custody.

Mediation

Florida law encourages divorcing couples to resolve their disputes through mediation. This process involves a neutral third party, known as a mediator, who helps the spouses reach agreements on issues like property division, alimony, and child custody. Mediation can be a more amicable and cost-effective way to settle disputes compared to lengthy court battles.

Property Division

Florida follows the principle of equitable distribution when it comes to dividing marital property. This means that the court will aim to divide assets and debts in a fair and equitable manner, but not necessarily equally. Factors considered include each spouse's financial contribution, the duration of the marriage, and individual needs.

Alimony

Alimony, also known as spousal support, may be awarded to one spouse based on factors such as the length of the marriage, each spouse's financial resources, and their contributions to the marriage. Types of alimony in Florida include bridge-the-gap, rehabilitative, durational, and permanent alimony, depending on the circumstances.

Child Custody and Support

When children are involved, determining child custody and support is often one of the most emotionally charged aspects of divorce. Florida courts prioritize the best interests of the child when making custody and visitation decisions. Child support is determined based on guidelines established in state law, taking into account factors like each parent's income and the child's needs.

Settlement or Trial

If the parties can reach an agreement on all divorce-related issues, they can submit a marital settlement agreement to the court for approval. If they cannot agree on all matters, the case may proceed to trial, and a judge will make decisions on unresolved issues.

Finalizing the Divorce

Once all issues are resolved, either through mutual agreement or a court decision, a Final Judgment of Dissolution of Marriage is issued. This document formally ends the marriage. If you and your spouse were unable to reach agreements on certain issues, the court will make final decisions for you.

How We Can Help

At The Virga Law Firm, P.A., we understand that divorce can be one of the most difficult experiences for any individual. Our experienced family law attorneys provide compassionate and effective legal representation to help you navigate through the divorce process.

We have extensive experience in all aspects of the divorce process. Our team will guide you through each step of the process and help you make informed decisions that are in your best interests.

If you are considering a divorce or have been served with divorce papers in Orlando, do not hesitate to contact us today at (800) 822-5170. We offer a free consultation to discuss your case and provide you with the legal guidance you need.

Our Core Values

  • The Client Comes First and All Else Will Follow
    We take pride in delivering best-in-class client service and experience, understanding the privilege and responsibility we have when assisting clients and their families through legal matters. It is our highest obligation.
  • Authenticity and Transparency
    We believe in being transparent about who we are, with ourselves, each other, and our clients and partners. This authenticity builds trust and fosters strong relationships.
  • Relentless Pursuit of the Win
    We achieve stellar results by focusing on personal and professional performance and goals. Our relentless pursuit ensures we deliver exceptional outcomes for our clients.
  • Growth Mindset
    We continuously learn, grow, and improve as individuals, as a law firm, and as advocates for our clients. We set and exceed both personal and professional goals to ensure ongoing development.
  • Ownership
    We take responsibility for our work and actions, ensuring accountability in all that we do. Our commitment to ownership drives excellence and fosters a culture of trust and reliability.
  • Results Driven
    We focus on outcomes and disregard the level of effort required. We have the vision and the discipline to do the work and face challenges to make our vision a reality for our clients.
  • Respect and Celebration for One Another
    We support each other with kindness and respect, emphasizing a positive work culture and celebrating along the way. We respect our clients and support them through their challenges.
  • Unquestionable Integrity
    We stand up for what’s right with consistently sound ethics and courageous honesty. Our integrity is the foundation of our practice and guides our actions and decisions.
  • We are in it Together
    We are client and team-focused, committed to the firm’s vision, and act for the greater good. We carry our weight, bring others along, and act with civility, candor, and respect in all interactions.
  • Reputation
    Reputation is everything. We strive to have the best personal and professional reputations. We want our reputation to precede us and for opposing counsel to know we are committed to fighting for our clients.
  • Associate Attorney, In Person, Panama City Beach Office

    Job Title: Family Law Associate Attorney Position

    The Virga Law Firm - Panama City Beach, FL

    Are You Ready for More Than Just a Career?

    We're not looking for just any lawyer – we're searching for an attorney committed to compassionate and excellent representation. If you're ready to make the practice of law both meaningful and rewarding, this opportunity could be what you've been waiting for. Join a firm where you're appreciated and part of a team dedicated to excellence.

    Who We Are

    The Virga Law Firm is a dynamic, high-growth family law firm dedicated to providing excellent legal representation and superb client care. Founded by Gerard Virga, who brings over twenty years of legal experience to the practice, our firm has established itself as a leader in family law throughout Florida. Our attorneys hold prestigious positions on various committees for the Family Law Section of the Florida Bar, demonstrating our commitment to shaping and advancing family law practice in our state.

    Our core belief is "Caring is Contagious." We understand that nothing is more important than family – it's the bedrock of our civilization and closest to people's hearts. When clients entrust us with their family law issues, we recognize it as the highest honor and responsibility.

    Each family is unique and requires specialized attention during the most emotionally trying times in their lives. Our mission is to protect our clients and their families, providing them with a strong new start to their lives. We achieve this by helping one family at a time through our multiple office locations throughout Florida.

    Who You Are

    The ideal candidate:

    • Is obsessed with achieving results for clients
    • Has a passion for family law
    • Excels at identifying crucial case details
    • Loves litigation and is comfortable in the courtroom
    • Takes pride in developing litigation strategies
    • Has strong negotiation skills with a compassionate approach
    • Thrives in fast-paced environments
    • Is committed to helping others and leading by example

    Minimum Qualifications

    • An active member in good standing with the Florida Bar
    • Demonstrated experience in family law
    • Proven history of passionate representation and client service
    • Excellent verbal and written communication skills
    • Proficiency in Microsoft Office (Clio knowledge is a plus)
    • Advanced knowledge in litigation and client relations
    • Mastery of Zoom video conferencing for court presentations
    • Ability to work independently and produce superior work product

    Key Responsibilities

    • Provide comprehensive legal advice and analysis to clients
    • Manage complex high-asset divorce cases
    • Handle parental responsibility and timesharing cases
    • Navigate cases involving domestic violence, substance abuse, and mental health issues
    • Represent clients in court proceedings and mediations
    • Draft legal pleadings, motions, and orders
    • Lead team members including Paralegals and professional staff
    • Maintain a fast-paced workload with attention to detail

    Benefits and Perks

    • Competitive compensation package based on experience
    • Dental and vision insurance options with family coverage
    • Progressive Paid Time Off:
      • One week per six months
      • Up to 80 additional hours accruing each pay period
      • Paid holidays and one flex holiday
    • Parental and bereavement leave
    • Paid continuing legal education, bar dues, and certification dues
    • Professional development opportunities
    • Supportive team environment

    Why Choose The Virga Law Firm

    • Unified company culture dedicated to success
    • Highly trained support staff including Paralegals and Discovery Specialists
    • Diverse caseload and full pipeline from day one
    • An environment that encourages innovation and creative problem-solving
    • Commitment to personal and professional growth
    • No-drama, no-judgment work environment
    • Strong focus on team collaboration

    Application Process

    Interested candidates should submit:

    • Current resume
    • Writing sample
    • Two letters of recommendation
    • Cover letter

    How to Apply

    1. Call our career hotline at 850-565-3426
    2. Submit required documents

    Additional Information

    The Virga Law Firm is an equal opportunity employer committed to building a diverse and inclusive workplace—A background check is required for final candidates. 

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    • "Fast and supportive service."
      The Virga Law Firm, P.A. was a blessing during my divorce. Always available for questions, they made the process fast and fair. No need to fight—they handled it all. I'd recommend them in a heartbeat.
      - Visi, A Divorce Client
    • "He listened carefully."
      He answered in a way that helped me understand the law better.
      - A Divorce Client
    • "Eager to help and fight for clients."
      I will definitely be recommending to anyone I know that needs a child custody or divorce attorney!
      - A Divorce Client
    • "Gerard has been monumental to my case."
      Gerard has been monumental to my case. I recognized I needed an attorney who was committed to a positive outcome for my children and I. Gerard made himself available to answer all of my questions and concerns. I felt very comfortable working with the Virga Law Firm.
      - A Divorce Client