Family Law
Our attorneys represent individuals who require legal assistance to representation in family or matrimonial matters that consist of the negotiation and drafting of prenuptial agreements, post nuptial agreements, dissolution of marriage actions, time sharing disputes, paternity, and child support matters. The family or matrimonial area is governed by Florida Statute 61 and claims that may arise out of the marriage of two parties or the birth of a child.
Family law or matrimonial matters considers the clients legal rights to property, support and time sharing with children, if borne of the marriage. Florida Family law focuses on equitable distribution of the parties’ assets and liabilities, the division of marital property and the preservation of non-marital property, and a party’s right to support. At times, clients seek to settle these matters prior to the marriage with the drafting of a prenuptial agreement which attempts to dispose of the dissemination of property, assets and liabilities and support issues regardless of the marriage between the parties. Prenuptial agreements are usually requested and implemented when one party may have earned or received substantial monies prior to the marriage, and it is desirous of that party to allow those funds to be maintained as non-marital funds. There are even instances, post marriage, parties recognize the importance of said agreement, and engage in a contract while married that disposes of all rights afforded each party.
In a dissolution of marriage action, the parties’ statutory rights are determined on a case by case basis. Clearly, these actions are highly emotional and it is the firm’s goal to aggressively represent the client to our fullest extent always keeping in mind the sensitivities of the client. The clients rights to support or the duty of support, the separation of property, valuation of estates subject to equitable distribution, and the separation of and preservation of non-marital property rights. At times, the representation includes the determination of whether or not certain property or intangible assets have lost their non-marital status and are subject to equitable distribution.
Timesharing, which is formally known as custody, is one of the many focuses in family law cases. Whether the parties are married (Dissolution Proceeding) or not (Paternity Action) , the birth of a child creates the consideration of where the child will reside, with which parent, schooling/educational decisions, health decisions, religious decisions and the support or maintenance of the minor child. In these actions, a Comprehensive Parenting Plan is established, either by agreement of the parties or by court order in a determination of the best interest of the child standard.
Post Final Judgment Matters
Our attorneys represent clients who need legal assistance subsequent to the entry of a Final Judgment due to changes in circumstances. Those changes in circumstances require the modification of the Final Judgment to reflect the client’s current circumstances. Modifications include changing a support award due to fluctuations in income of either the payer spouse or the payee spouse, the remarriage of one spouse, need for a relocation of the minor child to another state due to employment opportunities, remarriage of a spouse or the need for a change in timesharing schedule. In these situations, a Supplemental Petition is filed and it is the goal of the firm to effectively represent the clients achieving the desired goal.
Guardian Ad Litem
Our attorneys have been appointed as a Guardian Ad Litem in family law matters to represent the best interests of minor children during a time sharing dispute. A guardian as Litem is either requested by the counsel of a client or is Court appointed when there is a dispute regarding time sharing, or issues of shared parental responsibility are violated or questioned. The Guardian is non-biased and is only appointed to aide and assist the court in the determination of what is in the best interest of the child. The Guardian will conduct and investigation, speak with and visit the minor child, speak with third party witnesses or collateral witnesses, speak with doctors, teachers, professionals, friends, family members, the parties and the attorneys all in an effort to provide a non-adversarial position to the court prior to making a time sharing decision. A Guardian Ad LItem is the attorney for the minor child and provides an opinion of what is in the best interests of the child.
Divorce Talk
Latest Broadcast: Divorce Talk - January 1
Listen to the January 1, 2012 from Divorce Talk, a radio show dedicated to family law.
Divorce Talk radio show
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