Family Law FAQ

Dissolution of Marriage (Divorce)
Florida is a “no-fault” state. All that is required to get divorced is for a spouse to believe the marriage is irretrievably broken. If there are issues regarding distribution of marital property, custody and support of children, and alimony, the divorce is a “contested divorce”. If all issues are agreed upon, this is known as an “uncontested divorce”. The role of the lawyer in dissolution proceedings is to enforce the client's rights, move the process along in a timely manner, to obtain a fair result, through settlement or trial, and to facilitate the divorcing spouse to move on with his or her life.

Florida Child Custody Issues
Child custody issues can be emotionally exhausting and frustrating. There are many legal and psychological issues to consider. We can help you to file for child custody or help to answer any of the many questions you may have about child custody issues.

Child Support and Alimony

Payors of child support or alimony may be behind in their payments. There may be a need for an increase or reduction, based on a substantial change in circumstances.

Paternity
Mothers of children born out of wedlock can bring an action in court to prove that an individual is the father of the child, and to obtain child support. Non-married fathers may seek to enforce visitation and custody rights through the courts.

Prenuptial Agreements
Prenuptial agreements are legal and enforceable in Florida, provided they are properly drafted, and the client is properly advised. With a prenuptial agreement, a prospective husband and wife can determine what their property rights will be in the event of divorce or death. What these agreements seek to achieve is protecting assets, promoting marital harmony, and avoiding contested divorces. In order for such agreements to be enforceable, it is essential that an attorney be involved in the process.

Domestic Violence Injunctions
In Florida, a spouse or other family member may get an injunction or A restraining order at ordering the spouse or family member to stay away from them, and have no contact with them. In order to obtain such an injunction, there must be allegations of domestic violence, or a threat of imminent domestic violence. The allegations must be proven at a hearing.

Custody
The Florida courts generally prefer one parent to be the primary residential parent and the other to have visitation. Custody, when contested, is one of the most difficult issues in family law, and custody battles can be costly financially, and emotionally. The children often pay the greatest psychological cost.

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