Blog

Navigating Volusia County Divorce: 5 Key Considerations To Expect

volusia county divorce

Our team at Rice Law Firm understands that divorce constitutes one of life’s most difficult transitions. We strive to help our clients through the twists and turns of this complex legal process while providing empathetic representation every step of the way.

Are you curious what to expect in the process of preparing to dissolve your marriage? Our attorneys are experts in Volusia County divorce and are prepared to offer perspective on what the road ahead will bring. Read on for five things to begin considering as you start this journey.

  1. Managing Tough Emotions With A Volusia County Divorce Attorney

Let’s start by acknowledging the emotional whirlwind that divorce almost inevitably brings. As you disentangle your lives, feelings of grief, anger, anxiety, guilt, stress, and loss are par for the course. While we strive for an efficient resolution, it’s not unusual to feel a full cycle of unpredictable emotions. During this time, you’ll want to remember to develop positive outlets for these feelings. This might look like leaning on your support system to avoid isolation, exploring therapy, and nurturing the hobbies or mindfulness practices that keep you centered.

From a legal perspective, the value of a seasoned divorce attorney becomes very apparent when emotions run high. The ability to make sound, rational decisions in your long-term best interests can be severely compromised when overwhelmed by the grief, anger, or anxiety of the moment. Trust in the experts at Rice Law Firm to provide a steadying force, serve as level-headed advocates, and tirelessly protect your rights and interests.

Our team will work to keep communication open and to earn your trust from day one. We apply pragmatic legal expertise to your unique situation while also providing a supportive sounding board. Even in the midst of the extreme emotions surrounding the divorce process, our goal is shepherding you and your family to the best possible resolution and fresh start.

  • Gathering Financial Documentation

For the legal divorce process to run smoothly and reach an equitable division of marital assets/liabilities, we need complete financial transparency and exhaustive documentation from the outset. In the eyes of the law, this paperwork paints the full scope of your marital estate to be split according to Florida’s equitable distribution laws.

So, what does this all entail? We’ll work through the full process alongside you, but, at a minimum, you’ll need documentation like tax returns, bank statements, credit card statements, loan paperwork, deeds, investment account info, business records, retirement assets, vehicle titles, and appraisals of major assets. During a Volusia County divorce, these should be collected from both parties. High net worth divorces with complex assets like professional practices, partnerships, or multiple properties/businesses require even more detailed financial evaluations.

Complete and punctual documentation is doubly important in Volusia County. This is because of mandatory disclosure laws in Florida divorces. Both spouses must voluntarily produce all financial records and information in their possession so marital assets aren’t hidden or go unaccounted for. There are potential criminal charges like tax evasion or civil penalties due to spouses who are untruthful about assets or income.

Our team at Rice Law Firm is prepared to help scrutinize all disclosures to assure that you aren’t deprived of your legal slice of the marital pie based on incomplete information. Whether your situation is straightforward or highly complex, we will ensure no stones are left unturned in calculating shared assets and obligations.

  • Considering Mediation vs Litigation

One critical fork in the road for many divorces is whether to pursue mediation or head directly to litigation through the courts. At Rice Law Firm, we prepare for both contingencies from day one in case your spouse is uncooperative.

In mediation, separating spouses retain total autonomy over outcomes with our guidance. A neutral mediator facilitates productive discussions around dividing assets, establishing custody arrangements and support payments, and resolving other considerations. In situations like these – involving good-faith negotiation and reasonable compromises – mediation can result in quicker and less expensive divorced settlement agreements for both parties.

However, for mediation to work, you need a truly shared willingness to compromise. Clients can prepare for mediation by:

  • Seeking creative solutions and fair compromises
  • Prioritizing contentious issues for compromise
  • Providing objective counsel and managing expectations
  • Thoroughly documenting disclosed assets and obligations

But if your spouse becomes inflexible or downright uncooperative, our attorneys can pivot immediately to a litigation strategy that firmly advocates for your legal rights through the courts.

In divorce litigation, we strive to protect your property interests, alimony claims, custodial rights, and every consideration on your behalf. Our litigators fight tenaciously with robust arguments and evidence to ensure you receive your full, lawful share – even when you are faced with an uncompromising spouse.

No matter which path your divorce takes, our top priority is achieving an efficient, equitable final settlement through that approach. We advocate mediation upfront to preserve wealth and cordiality when possible, but never at the expense of your rights and interests.

  • Untangling Marital Assets

The core financial side of divorce involves equitably dividing up the marital estate’s assets and debts. This process might seem simple when taken at face value. However, it proves highly technical and complex when you factor in:

  • Accurately identifying and valuating every asset
  • Determining which assets are marital property vs separate
  • Exploring if assets were comingled by one spouse
  • Tax implications of distributing different asset types
  • Fairly splitting businesses, professional practices, investments
  • Dividing valuable properties, estates, or financial portfolios
  • Properly addressing marital debts and outstanding obligations

During the Volusia County divorce process, we evaluate and appraise every asset from cars to homes to stock portfolios to partnership stakes when calculating what constitutes “marital property” under Florida law. From there, we analyze what percentages you’re legally entitled to and negotiate those splits on your behalf.

For example, what if your spouse owned a thriving medical practice or business prior to marriage, but you contributed efforts or assets over the years that expanded its value? At this juncture, you will likely want to utilize expert witnesses and techniques like tracing analyses to precisely calculate your legal portion of any appreciated marital assets. This process serves to protect your full interests.

  • Resolving Custody and Support Arrangements

For divorcing parents, few issues are as important as establishing fair custody and support orders that serve the children’s best interests. At Rice Law Firm, we embrace this guiding principle and advocate for parenting plans built around:

  • Preserving stability in children’s lives
  • Accounting for unique family dynamics and needs
  • Setting reasonable custody schedules and decision approaches
  • Enacting child support calculations per state guidelines
  • Reinforcing both spouses remain active, engaged parents
  • Allowing flexibility to revisit issues when kids’ needs change

To accomplish these goals, we educate divorcing clients on Florida’s custody and support statutes, while collaborating on reasonable resolutions as a first step. Ideally, you and your spouse will cooperatively build a parenting plan and support agreement providing consistency and financial resources for your children’s wellbeing.

In the event that you cannot reach compromises, we litigate for appropriate timesharing schedules and support obligations on your behalf. Our courtroom arguments strive to systematically outline why our proposed arrangements best provide for continuity, security, education, healthcare, and overall wellness for any children involved.

We also ensure all final custody or support orders include reasonable mechanisms to revisit issues down the road as family needs or children’s ages evolve. Our goal is establishing foundations for successful co-parenting and nurturing relationships long after the divorce.

Securing Your Future With Rice Law Firm

For over 40 years, the divorce and family law team at Rice Law Firm has compassionately guided Volusia County families through even the most complex dissolutions of marriage. While divorce inevitably brings emotional turmoil, our attorneys’ mission is to provide exceptional legal counsel. We strive to position you for the best possible fresh start.

We offer representation tailored to your unique situation. In different Volusia County divorce situations, this might mean tenaciously litigating for your interests through the courts or skillfully negotiating out-of-court settlements that preserve family wealth and cordiality. Our team diligently handles every aspect from documentation to asset division, mediation strategy, support/custody plans, and more.

When you entrust your divorce to Rice Law Firm, you benefit from our:

  • Robust experience with high net worth and complex asset division cases
  • Commitment to disclosure, transparency and adherence to all laws
  • Philosophy prioritizing children’s stability and co-parenting foundations
  • Capacity to litigate aggressively when an amicable resolution is unreachable
  • Steadying guidance to steer you through emotionally-charged legal battles

No matter the nuances involved, our attorneys combine world-class legal insights with profound empathy for the personal upheaval divorce creates. We’re here to preserve your rights while providing a supportive shoulder to lean on during each step of this complicated journey.

If you’re contemplating divorce in the Daytona Beach area, take the first step by requesting a consultation with Rice Law Firm today. Our compassionate team will listen to your unique situation, advise you on your options, and prepare a comprehensive strategy to secure your family’s future through this transition. While the road ahead may seem daunting, you don’t have to walk it alone.