FAMILY LAW.
We understand that legal matters involving our families are often confusing, stressful, and intimidating. That's why we make it our top priority to provide our clients with the education and information necessary to feel empowered, while creating a comprehensive legal strategy designed to achieve the goals of your individualized circumstances.
Some of Our Practice Areas
Divorce | Equitable Distribution | Alimony | Paternity | Child Custody | Parenting Plans | Child Support | Modifications to Child Custody, Parenting Plans, and Child Support | Prenuptial Agreements | Postnuptial Agreements | Dependency | Special Needs | Vulnerable Adults
DIVORCE.
We understand that the divorce process can be very difficult for the entire family. Our objective is to help you get through this process in an efficient manner, while providing sound advice and counsel so decisions can be made that are in the best interest of the children and financially prudent. We recognize that there is not a one-size-fits-all divorce. Our experienced attorneys can effectively handle the unique issues of your case.
GROUNDS FOR DIVORCE IN FLORIDA.
Only two grounds for divorce are recognized under Florida divorce law: (1) an irretrievable breakdown of the marriage, or (2) mental incapacity of the parties. Most divorces in Florida are based on the ground that the marriage is irretrievably broken. This type of divorce is considered to be “no-fault” of either party. In Florida, it is not necessary to prove that one spouse is at fault in causing the breakdown of the marriage. All a party has to do is simply allege and testify that the marriage is irretrievably broken. We will make sure your petition for divorce is technically accurate, complete, and filed in the appropriate court. We will also assist in important issued addressed and resolved during a divorce as set forth below.
IMPORTANT ISSUES ADDRESSED & RESOLVED DURING DIVORCE.
In a divorce proceeding, the judge will enter final court orders, which can impact you and/or your children (if applicable) immediately and for years to come. As a result, it is vital to come to court prepared and well-represented by knowledgeable and experienced family law attorneys. Matters to be determined in the divorce may include parental responsibility for the children and a Parenting Plan, the equitable distribution of marital assets and liabilities, whether alimony is to be paid by one spouse to the other spouse (and, if so, the duration, amount and type of alimony), the amount of child support to be paid by one spouse to the other spouse, whether one spouse is required to pay the other spouse’s attorney fees and costs, and the enforceability of any prenuptial agreement or postnuptial agreement, among other things.
EQUITABLE DISTRIBUTION.
Marital assets and liabilities are equitably distributed in a divorce case in Florida. We are experienced in finding, identifying, valuing, and dividing those marital assets to ensure the appropriate property division. We will provide a combination of knowledge, skill and determination to represent your interests and help you reach your goals.
HOW PROPERTY IS DIVIDED IN FLORIDA.
Under Florida law, marital assets and liabilities must be equitably (or equally) distributed in a dissolution of marriage. However, there are circumstances when the division of the marital assets or liabilities should not be equal. Our experienced attorneys have the knowledge and experience to provide you with advice on whether you are entitled to more than 50% of the marital estate based on the specific facts of your case. There are often times where we may persuasively argue the facts before the judge when an unequal distribution would be the more equitable outcome.
HOW WE CAN HELP.
We know how to evaluate your unique case to determine the best possible outcome where businesses, stock options, pension plans, real estate, and other complex assets are involved and need to be valued. We also know how to appropriately handle cases when spouses are underreporting or hiding income and/or assets. We work diligently to assist you in determining whether assets and liabilities are marital or non-marital, and are equipped to give you advice and guidance on whether you can achieve the best possible result through a negotiation, mediation, or trial. We have seen it all before, and therefore, obtain the requisite skills to effectively represent you and help you achieve your goals.
ALIMONY.
Alimony is a form of support paid by one spouse to another. Alimony is not always appropriate, and is only paid when one spouse has a need for the alimony and the other spouse has the ability to pay for it. Whether you are seeking or opposing an alimony award in your divorce, we have the knowledge, skill, and experience to represent you and your interests.
HOW ALIMONY IS DETERMINED IN FLORIDA.
If a judge finds that one spouse has a need for alimony and the other spouse has the ability to pay for alimony, the judge will consider several factors in determining the type of alimony to be awarded, the length of the alimony award, and the amount of alimony to be awarded. These factors include: (1) the standard of living established during the marriage, (2) the duration of the marriage, (3) the age of each party, (4) the physical and emotional condition of each party, (5) the financial resources of each party, (6) the earning capacities of the parties, (7) the educational levels of the parties, (8) the vocational skills of the parties, (9) the employability of the parties, (10) the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment (if applicable), (11) the contribution of each party to the marriage (i.e., services rendered in homemaking, child care, education, and career building of the other party, among other things), (12) the responsibilities each party will have with regard to any shared minor children, (13) the tax treatment and consequences to both parties of any alimony award, (13) all sources of income available to either party, and (14) any other factor necessary to do equity and justice between the parties. We will work diligently to provide adequate evidence and arguments to the court regarding the above-referenced factors to present the strongest case possible to support your position regarding alimony.
TYPES OF ALIMONY IN FLORIDA.
There are different types of alimony (also known as spousal support or spousal maintenance) which may be granted in a Florida divorce. These types of alimony include the following: BRIDGE-THE-GAP ALIMONY – awarded to allow one party to transition from being married to being single and is designed to assist a spouse with legitimate identifiable short term needs (cannot exceed 2 years). REHABILITATIVE ALIMONY – awarded to assist a party in establishing the capacity for self-support through education, training, work experience, employment skills, or credentials. DURATIONAL ALIMONY – awarded for a certain length of time determined by the judge (cannot exceed the length of the marriage). Recent legislation has ended permanent alimony.
CHILD CUSTODY & PARENTING PLANS
Florida courts encourage both parents to share the rights, responsibilities, and joys of raising their shared children. However, a judge must still determine whether the parents will share the decision making rights and responsibilities regarding their children or one parent will have the right to make the decisions. Based on this determination, the judge enters a "parenting plan".
PARENTAL RESPONSIBILITY IN FLORIDA.
Parents of minor children in Florida either share parental responsibility, or one parent has sole parental responsibility, or one parent has ultimate responsibility over specific areas (e.g., education, health care, extracurricular activities or other areas unique to a particular family) while sharing responsibility. The court is required to order shared parental responsibility unless the court finds that doing so would be detrimental to the child.
How It Works.
1
Schedule a Consultation.
You will be contacted by one of our lawyers who will assess and review your legal situation.
2
We Go To Work.
Our Partners and their team will review your options and work with you to develop a customized strategy.
3
Achieve Your Goals.
While we cannot guarantee or predict the future, we promise to do our best to get you through this legal hurdle.
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