West Palm Beach Divorce Attorney
Divorce is often emotionally and financially exhausting. But many couples feel that it is their only option for various reasons. Couples going through the divorce process require strong support, and among the best ways to receive this support is from a trusted divorce attorney.
Brian K. McMahon, P.A., Attorney at Law, has the necessary resources, experience, and skills to guide and support you throughout the entire divorce process. Our West Palm Beach divorce attorney can handle all the divorce paperwork, appearances in court, and sort through the financial implications of a divorce, among others, so you can focus on healing.
A Divorce Can Be Extremely Complicated
Any type of divorce, whether contested, collaborative, or mediated, may involve making difficult choices about these potentially complicated divorce issues that would significantly impact your life:
- Property Division
- Parental Responsibility and Time-Sharing
- Child Support
Brian K. McMahon, P.A., Attorney at Law, will help you understand your specific circumstances and offer advice based on professional experience, legal precedents, and Florida law. No divorce case is too complex for our West Palm Beach divorce attorney.
Did you stay at home and sacrifice your career goals so that your spouse could work and pursue their own career goals? Do you have a business and need to ensure that your spouse won’t take away from you when you get a divorce? Maybe you are the primary caregiver of your child and want to make certain that your child lives with you after the divorce. No matter your circumstances, our attorney will figure out the best way to secure the results you want.
What Our West Palm Beach Divorce Attorney Can Do For You
Brian K. McMahon, P.A., Attorney at Law, is experienced serving clients in Florida divorce cases. With guidance from our firm, you can navigate this complex and stressful process knowing that your legal rights and best interests will be fully protected. Our attorney can:
- Protect your best interests when it comes to child support, time-sharing, and alimony.
- Uncover assets that your spouse may be trying to hide from you.
- Assess settlement offers from your spouse.
- Negotiate with your spouse’s attorney to reach a settlement that would be fair for everyone.
- Resolve any other disputes that may ensue during the divorce.
How Property is Divided During a West Palm Beach Divorce
During a Florida divorce, only marital property and debts will be divided. The court considers all property and debts either spouse acquires during their marriage as marital property. Separate property, which are money and assets that only one spouse owns, will not be subject to division.
Non-marital or separate property includes assets that either spouse acquired before getting married or assets that either spouse inherited or received as gifts while married. This doesn’t include gifts from each other. Take note that adding your spouse to a property’s title makes that property marital property.
After assessing and determining the value of the marital property, the court will divide and distribute it equitably. Equitable distribution does not mean that the couple’s property will be distributed 50/50. It means that a judge will distribute the property as fairly as possible and consider these factors when making decisions about property distribution:
- Both spouses’ financial circumstances
- The contributions of each spouse to the marriage, such as being the breadwinner, homemaker, or caretaker of the children
- The duration of the marriage
- Any interruption to either spouse’s education or career
- Each spouse’s contribution to acquiring their property
- If one spouse sacrificed or helped the other spouse advance their education or career
- Whether either spouse must stay in the marital home for the sake of the children
- Whether either spouse intentionally wasted marital property before filing for divorce
How Child Support and Alimony is Decided in a West Palm Beach Divorce
In Florida, a judge usually orders non-custodial parents to pay custodial parents child support. When calculating the amount of child support, judges will consider these factors:
- The parent’s expenses
- The ability of the parent to pay support
- The specific needs of the children
- How many children the parent needs to support
The judge may also order a spouse to pay alimony or spousal support to the other spouse. Factors that judges consider when calculating the alimony amount are:
- The duration of the marriage
- The couple’s standard of living while married
- All income sources
- Each spouse’s age, health, financial circumstances, and financial resources
- Each spouse’s educational attainment and earning capacity
- Each spouse’s contributions, financial or otherwise, to the marriage
- Each spouse’s tax treatment
- Each spouse’s parenting responsibilities
- Each spouse’s behavior, which can include adultery
Florida Divorce FAQs
What are the grounds or reasons for divorce in Florida?
Because Florida follows the no-fault divorce laws, the only reason you need to give to file for divorce is that you can’t fix your marriage because it’s irretrievably broken or your spouse has been mentally incapacitated for at least three years.
How long does a divorce take in Florida?
An uncontested divorce could take a month or so to finalize. A contested divorce, on the other hand, could take a year or more, especially if your case goes to trial.
What if we can’t agree on our divorce issues?
Your case will advance to trial, where a judge will resolve all your issues for you. This is why it’s always best to work with your spouse and West Palm Beach divorce attorney to create a settlement agreement that works for all parties involved.
Discuss Your Case With a Seasoned West Palm Beach Divorce Attorney Now
Understanding what you may be up against and getting accurate information and viable solutions on how you could face them is priceless when you’re in the middle of a divorce or considering getting a divorce. Brian K. McMahon, P.A., Attorney at Law, can thoroughly assess your unique circumstances and ensure that you know your rights and understand the divorce process.
To learn more about your legal options and arrange a free evaluation of your case with our divorce attorney, please call our office at 561-658-1789 or send us an online message.