Divorce is a very stressful transition, both financially and emotionally, and especially difficult for children. A divorce proceeding can be wearing on both spouses because it addresses division of assets and liabilities, as well as timesharing and child support when children are involved. Depending on the length of your marriage, alimony could possibly be an additional issue in your divorce. Be sure you speak to a lawyer about your rights before proceeding.
Courts typically start with the position that parents should have shared parental responsibility, which requires the parents to agree on significant life decisions for their children in common. These decisions include health, education, and other events in the child(ren)’s lives. However, there are many different factors that can affect parental responsibility in your case. Be sure you speak to a lawyer about your rights before proceeding.
Courts require identification of all assets and liabilities of the parties, as well as whether the assets and/or liabilities are marital or non-marital. Values are then determined so all marital assets and liabilities can be equitably distributed. Be sure you speak to a lawyer about your rights before proceeding.
Spousal support is currently a highly debated issue in the Florida legislature and courts. The alimony reform bill died in the legislature in 2015, but advocates for the change have not given up. Florida statutes do not provide guidelines for alimony, as there are numerous different factors that must be considered by a court when determining whether alimony will or will not be awarded in any given case. Be sure you speak to a lawyer about your rights before proceeding.
Child Support is the right of the child and cannot be waived by the parents. To determine child support, Florida Statutes use the parties’ respective incomes and exercised timesharing schedule among other relevant factors. Be sure you speak to a lawyer about your rights before proceeding.
What a lot of people still call “custody” is actually referred to as “timesharing”. When parties to a divorce have minor children a Parenting Plan must be filed, which outlines a timesharing schedule detailing what time each parent will have the child(ren). Many different factors are considered by the court to determine a timesharing schedule that is in the best interests of the mionr child(ren). Be sure you speak to a lawyer about your rights before proceeding.
If circumstances have substantially changed since the date your Final Judgment was entered, you may be allowed to modify certain terms contained in your Final Judgment. Modification could apply to child support, alimony, timesharing and/or other specific items depending on your specific circumstances. Be sure you speak to a lawyer about your rights before proceeding.
When your former spouse fails to abide by the terms of the Final Judgment, you can file a contempt and enforcement action against him/her to seek the Court’s assistance. Be sure you speak to a lawyer about your rights before proceeding.
If your ex-spouse is not complying with the specific terms of your Final Judgment, you may need to seek the Court’s assistance in enforcing those terms. Enforcement could apply to almost all terms of your Final Judgment. Be sure you speak to a lawyer about your rights before proceeding.
Divorces can be resolved by an agreement reached between the parties in order to avoid trial. This is the only true way you and your spouse have total control over the outcome of your divorce. Although both of you will need to compromise in order to reach an agreement, you will have no control over the outcome of a trial. These Agreements need to be carefully drafted to ensure they are valid and enforceable. Be sure you speak to a lawyer about your rights before proceeding.
To determine your rights prior to marriage, or during your marriage, you can enter in to a pre or post nuptial agreement. You want to be certain you have a valid and enforceable agreement in order to avoid litigation over the agreement itself. Be sure you speak to a lawyer regarding what is required to ensure any such agreement is valid and enforceable, as well as what your rights are before proceeding.
Florida Statute § 61.13001 governs relocation of a parent when that parent wishes to exercise timesharing with his/her minor child(ren). However, if the parents were never married there are other factors that must be considered before determining whether the Relocation statute applies. Be sure you speak to a lawyer about your rights before proceeding.
The adoption process can be emotional and legally confusing. Whether you are considering placing your child for adoption, adopting a child, being a surrogate or a donor, you should always know your legal rights and obligations before embarking on this journey. Be sure you speak to a lawyer about your rights before proceeding.
Now that Florida recognizes same-sex marriages, Florida courts will handle same-sex family law matters under the same laws as all other family law matters. Thus, all areas of service outlined on this website are also available for same-sex marriages. If you need legal advice, please contact the office to schedule your consultation today.