Family Law

Divorce

Marital Assets

Alimony

Time Sharing (Custody)

Child Support

Modification

Relocation

Paternity

A dissolution of marriage, commonly known as divorce, is the legal proceeding to dissolve a marriage in Florida. The process can be straightforward if the parties agree and simply need a settlement agreement to outline their agreed divorce terms. Or it can be more complex when the parties disagree or need some help understanding the division of assets and how to deal with issues related to minor children, such as timesharing and child support.  It’s important to understand that divorce can have life altering consequences for you and your family for years to come. The decisions you make during a divorce proceeding can have a lifelong impact on you, your family, and your finances. An experienced attorney can help you understand the complexities of divorce including asset distribution, child support, alimony, and timesharing. We can help you develop a plan and strategy for achieving optimal results for you and your family. 

Almost all the assets and liabilities you accumulate during the term of your marriage are marital assets and marital liabilities. These may be tangible or intangible; and together they create your marital estate. A common example of a marital asset is a home purchased by the couple during the marriage, where the purchase was made by marital funds, or proceeds of marital labor were used to pay for the home. It’s important to identify which assets and liabilities are marital for them to be equitably distributed during the dissolution process. There are some exceptions for certain type of property. It is important to talk to an experienced attorney when calculating your marital estate during a divorce.

Alimony is payment to one’s spouse or former spouse for their support and maintenance. The basis of an award for alimony depends on variety of factors including length of the marriage, the earning potential of each spouse, and their contributions during the marriage. Alimony can also be rehabilitative in nature, in that it’s a temporary award to allow the former spouse to earn a degree or certification to better provide for themselves post-marriage. In some long-term marriages, there may be a permanent alimony award. Understanding the various types, and the qualifications for different types, of alimony is important in a dissolution of marriage action, as it can have lasting financial consequences for both parties. It’s important to talk to an attorney if you think you may be entitled to, or will be required to pay, alimony.

“Time sharing” is the modern term used in Florida legal proceedings for what is commonly known as child custody. Although the word “custody” is no longer used in Florida legal proceedings, it is still commonly used to describe the time children spend with each of their divorced parents. In family law cases in which there are minor children, the Court will typically impose a “parenting plan”. The parenting plan lays out the division between the parents of both parental responsibility and timesharing for the minor child. In general, the parenting plan is a guide for divorced parents, outlining how the minor children will be cared for, including where the children will reside and when, how the medical and educational aspects of their life will be handled, and how the costs associated with their care will be split. It is best when parents can agree to these terms, but when they cannot, a Court will determine this arrangement for them. Having an experienced attorney can make all the difference to negotiating a successful parenting plan for you and your family.

Child Support is one of the most litigated aspects of family law cases involving children. There are multiple ways child support can be established or modified, either by a Court order or through administrative proceedings brought by the Florida Department of Revenue. Whichever way child support is established, there are common factors that the Court or Department considers, such as the income of both parties through either wages or other sources, the time with one parent versus the other, and costs of medical care and daycare. It is important that your attorney understand the difference and knows how to work with the Department of Revenue.

Modifications of a Final Judgment can occur when there has been a substantial unanticipated change in circumstances, such as a loss or substantial increase in income or earning power of one party, an unanticipated working schedule change, or a relocation. Modifications can result in an increase or decrease of child support or alimony and necessary adjustments to time sharing schedules. If you think you may need to modify your final judgment due to an unanticipated change, its important to consult with an experienced attorney.

If a parent subject to a parenting plan of a minor child wishes to relocate more than 50 miles away, they will likely need to seek approval from the Court that issued their final judgment of dissolution or paternity. Commonly, relocations are required due to a job change. This often happens with parents in the military. Relocations require specific information relating to the where the party wants to move and is discretionary by the Court as to whether the relocation is in the best interest of the minor child. As part of a relocation, the parenting plan may have to be revised to convert the plan to address a long-distance arrangement. It’s important that you talk to an attorney to discuss how a relocation may affect the relationship with the children and the other parent.

If the parents of a child are unwed, a Court must establish the father as the “legal father” of the minor child for him to have any legal rights related to the child. This process is called the establishment of paternity and may be initiated by a mother or father. In Florida, an unwed mother is automatically the legal guardian to any child she has, but an unwed father must have his rights established by a Court order. Until a Court established legal fatherhood, the biological father has no legal rights related to the minor child, including any decision-making power related to where the minor child goes to school, what type of medical treatment the child has, whether he can spend time with the child. Establishing paternity will not only protect the father’s rights, it also ensures the child is supported by both parents. A paternity parenting plan includes, parental responsibility, child support, and time sharing. An experienced attorney can help you protect your rights as a parent.