Divorce is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. In Florida, a divorce is commenced with the filing of the petition for dissolution of marriage. Once the Petition is filed, it is served on the other party and the other party then has 20 days to file their response to the Petition. Please click here to schedule a free consultation.
Alimony is a legal obligation on a person to provide financial support to their spouse. The Court has to engage in a very delicate balance to determine if one party has the financial need for alimony and if the other party has the financial ability to pay the alimony. In order to make this determination, the Court examines many factors such as length of the marriage, lifestyle enjoyed during the marriage, earning capacity of the parties etc. Please click here to schedule a free consultation.
Whenever children are involved in a family case whether it is a dissolution of marriage (Divorce) or paternity action, the Court must make a determination in reference to timesharing (visitation). Courts examine each case based on the facts of the particular situation to determine what is the best timesharing (visitation) schedule for the parties. The Court's primarily determining factor is the best interest of the child(ren). Please click here to schedule a free consultation.
In family law and public policy, child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship. Child support is based on few predominant facts including but not limited to parties' income, health insurance costs for the children and who pays it, daycare or aftercare costs for the children and who pays it, health insurance costs for the parents themselves, number of overnights the minor children spend with each parent, prior child support paid by either parents etc. Child support is deemed for the support of the minor children and typically, the parents cannot contract around it. Please click here to schedule a free consultation.
Uncontested divorces are generally available to couples who have no remaining disagreements regarding the basic divorce issues: child-custody, property division and spousal support. Like a contested divorce, an uncontested divorce begins by one side filing for divorce. In an uncontested divorces, the parties have reviewed each other's finances and resolved any and all issues and there are no issues left for the courts to decide. Many uncontested divorces are filed after the lawyers have assisted the clients in resolving the issues prior to even filing the divorce. Typically, the parties can choose to do an informal settlement conference with their attorneys present or decide to engage in an early mediation to reach a quick resolution.Please click here to schedule a free consultation.
You enter a prenuptial agreement (prenup) before the wedding. If you sign an agreement during your marriage but before a separation, it's a postnuptial agreement (postnup). There are many things that need to be included in the prenuptial or post nuptial agreement in order for said agreement to be enforced in the future. Few things that one needs to keep in mind is that neither party should be able to claim that they entered into said agreement without having full financial disclosure of the other party or that they entered into the agreement under duress or coercion. Please click here to schedule a free consultation.
The concept of parental responsibility refers to the parents' ability to confer and make decisions involving the minor children together. Florida Courts review this parental responsibility issue in two various categories: shared-parental responsibility or sole parental responsibility. Shared-parental responsibility manes that both parents shall confer and make decisions together for the minor children whereas shared parental responsibly means that one parents can make the decision for the minor children. Florida courts typically award shared parental responsibility unless there are specific factors to order sole parental responsibility involving abuse, abandonment or neglect of the children. Please click here to schedule a free consultation.
"Domestic violence" refers to many kinds of abuse committed by a member of a family, a household, or an intimate partner against another member of the family, household, or against the intimate partner. "Domestic Violence" also refers to many forms of abuse committed by one person against another in certain dating relationships or engagements. The victim of domestic violence abuse can go to court and file a petition against the perpetrator and the Court will typically review the injunction on the same day and provide a temporary injunction if the allegations in the Petition meet the burden established by law. Once the temporary injunction is issued, the Court will provide a hearing date and the abuser will then be served with the temporary injunction including the hearing date. On the hearing date, the alleged abuser gets his or her day in court. This is the opportunity for the alleged abuser to prove that the allegations against them are false. Please click here to schedule a free consultation.
DIVISION OF ASSETS & DEBT
As part of the divorce judgment, the court will divide the couple's debts and assets. Prior to the Court determining the share of marital assets and liabilities for the parties, the Court must determine which assets were acquired during the marriage. Many times parties think that if an asset or debt is not under their name then they are not entitled to the asset or responsible for the debt. In Florida, the Court examine the assets and debts predominantly based on when the asset or debt was acquired and not necessarily the title or ownership. Generally, the court tries to divide assets and debts equally; however, there are many factors that can be brought up in order to request and prevail on unequal distribution of assets and liabilities. Please click here to schedule a free consultation.
We believe that it is never too late. Judges are also human beings and make mistakes many a times which is why the appellate process is inevitable. We will handle any of your appeals from any trial court orders which were erroneously entered. Please click here to schedule a free consultation.
Divorce is rough and each couple and marriage has its own challenges. Same sex couples may have other intricate details such as adoption of minor child(ren) or whether the relationship has been ratified via a legal marriage. Schedule a consultation with us to discuss further.Please click here to schedule a free consultation.