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Tuesday, November 29, 2011

Will I Get Alimony?

Florida law provides for several relevant factors to be taken into consideration by the Court when awarding alimony to one of the parties. The court will consider the parties’ prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse’s financial resources and income-producing capacity of the assets they receive; the time necessary to acquire sufficient education or training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse.

The court may grant alimony to either party.  There are different types of alimony that may be granted.  Rehabilitative alimony is awarded for a temporary time period to allow one party to redevelop skills and financial independence.  Durational alimony is awarded for a fixed number of years. Permanent alimony continues until the remarriage of the receiving partner or the death of either partner.  Permanent, durational and rehabilitative alimony are usually paid on a periodic basis.  The Court may also consider lump-sum alimony in which one partner pays a lump-sum payment of money or property to the other partner.

If you’re looking for an experienced Orlando divorce attorney to explain your rights concerning alimony and the likelihood of you receiving an award of alimony, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit

Wednesday, November 23, 2011

Child Support

Because child support is complicated, seeking counsel from an Orlando divorce attorney experienced in child custody and child support issues is an important decision.  A knowledgeable lawyer will help you sort through the issues and aide you in providing financially for your children. 
In Orlando, Florida, the amount of child support paid by the non-custodial parent will be calculated using the guidelines in Florida Statue 61.30.  Both parents have a responsibility to support their children based on their financial ability.  This ability will be determined by income as well as earning potential.  A recent change in Florida law allows for income to be imputed or credited to any parent who is voluntarily underemployed or unemployed. 
            Another consideration in the calculation of child support is the number of overnights the children have with the non-custodial parent.  Previously, the non-custodial parent had to have at least 40 percent of overnights with the child in order to qualify for a departure from standard child support.  Another recent change in the law now requires a departure when the parent with fewer overnights has overnights with the children 20 percent of the time or more.
            Attorney Wade P. Luther can help you make sense of all these complicated rules and changes.  Please contact our office at (407) 835-9900 or visit our website at

Thursday, November 17, 2011

The Cost of an Orlando Divorce

When considering the cost of an Orlando Divorce Attorney, keep in mind that the more complex the issues, the more expensive the cost.  When the two parties can come to an agreement regarding all matters in a Dissolution of Marriage, the cost will be substantially less than if issues are contested.  However, in most divorce situations, there are issues on which the parties do not agree.  It is in these divorces that it is particularly important to have your rights protected by an experienced Family Law Attorney.

There are several factors on which attorneys fees are based.  The complexities of the issues, the amount of time involved and the experience and skill the attorney has in the area of Family Law.  Your attorney will spend time drafting pleadings, communicating with the attorney representing the other party, researching and preparing, and appearing in court on your behalf.  You may also incur direct costs such as postage, copy fees and court filing fees. 

Once you’ve provided your attorney with the information regarding your particular situation, he or she will advise you regarding any retainer required as well as their hourly fee.  Keep in mind that if complications arise in your case, it may affect your fees.  If you’d like to meet with and experienced Orlando Divorce Attorney to discuss your case, please contact The Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at:

Monday, November 14, 2011

Who Gets What?

Deciding how to divide marital assets and liabilities in a Florida divorce can be extremely complicated.  In Florida, statistics show that more hearing time is devoted to property division than any other issue related to the Dissolution of Marriage.  Subject to a few exceptions, all property and income obtained by one or both of the spouses during the marriage is considered martial.  As such, according to Florida law, it is subject to Equitable Distribution.  You may also have assets that were obtained prior to the marriage (or debt obtained by your spouse) that would be considered non-marital.  Protect yourself and your assets by getting advice from an experienced Orlando Divorce Attorney.

The simplest way to divide marital assets and liabilities is for the parties to reach an agreement amongst themselves after they’ve been advised by their attorneys.  If the agreement is reasonable, it will be accepted by the court.  If the parties cannot agree on how to fairly and equitably divide the marital property, it will be decided by a judge after a trial. 

Several factors will be taken into consideration by the judge when deciding equitable distribution.  These include but may not be limited to the duration of the marriage, the economic circumstances of each partner and the contribution of each partner to the marriage.  It’s important to remember that the court will begin with the assumption that distribution will be equal.  Attorney Wade P. Luther can help you make sure you get was is legally yours.  Please contact our office today at (407) 835-9900 or visit our website at

Friday, November 4, 2011

No-Fault Divorce

Florida is one of many states in which fault is no longer considered a ground for divorce.  The dissolution of marriage does not require either party to show cause or prove that a breach of the marital contract has been committed. Those breaches may include: adultery, desertion/abandonment or cruelty.  In Florida, the spouse seeking the divorce needs only to prove that the marriage is “irretrievably broken.”  This is a much easier standard to prove as it only takes one spouse to testify that he/she does not love his/her spouse and is not willing to remain in the marriage. This change in divorce law has lessened the potential effect that blame may have on the divorcing couple.  In addition, the parties are spared what can be a contentious battle in court when fault must be established.
Under Florida law, either party may file for divorce.  However, many couples find they are not fully aware of their legal rights and obligations.  There are very specific statutory and court rules which must be followed.  If they are not, your rights may be lost forever.  It is important to be certain that you are protected.  Seeking counsel from an experienced Orlando divorce attorney will provide you with the information and advice you need.
Even within a no-fault divorce, there may be contested issues.  Spouses often do not agree about the division of assets, liabilities or property.  One or both partners may seek alimony.  Of course, if there are children, timesharing and support will need to be determined.  The Law Office of Wade P. Luther, P.A. has significant experience in the area of family law.  We focus exclusively on these issues.  If you would like to benefit from the experience of an Orlando Divorce Lawyer, please contact our office at (407) 835-9900 or visit our website at:

Tuesday, November 1, 2011

Time with the Children after the Divorce is Final

When there are minor children in a marriage that’s ending, they become the most important concern.  The children’s ability to adjust is greatly effected by the level of cooperation between the parents, especially regarding the time each parent spends with the children. Historically, kids spent the majority of time at the home of one parent. This occurred as a result of the parents’ agreement or the judge’s order. However, the evolving trend is that many couples choose to share time with minor children more equally. A recent change in the child custody statute is resulting in more judges ordering equal timesharing between the parents.  Under both circumstances, a well thought out Parenting Plan established with the help of an experienced Orlando family law attorney will guarantee that the kids maintain the best possible relationship with both parents.

Consistent and frequent contact with both parents is in the best interest of the children.  Each parent must do their utmost to maintain this contact.  Coordinating schedules, informing each other of special events, and keeping in mind the normal routine of the children are ways in which to accomplish this.  When changes need to be made to an established schedule, each parent has a responsibility to notify the other as quickly as possible.  Cooperation in these and all matters regarding the children becomes paramount.  Kids are able to sense any anger or resentment between the parents, even unspoken.

The experience of a skilled Orlando child custody attorney is essential when parents are not able to agree to a Parenting Plan.  Even when parents have established a proposed plan, it’s important to have an attorney who is knowledgeable in family law review the plan to protect your parental rights.  Mr. Luther will ensure you are establishing a plan that’s in the best interest of both your children and you. Please contact the Law Offices of Wade P. Luther, P.A. at (407) 835-9900 or visit