Family law attorneys handle the following types of cases, among others:

• Dissolution of Marriage
• Custody & Support
• Domestic Violence
• Name Change
• Guardianship

NO-FAULT DIVORCE

Florida has a "no-fault" divorce law like many other states. The only grounds for divorce are: 

1. The marriage is irretrievably broken; or 
2. The mental incapacity of one of the parties. 

No-fault divorce means that one spouse need not testify against the other spouse in order to establish legally sufficient grounds for dissolution of the marriage. However it should be noted that adultery may have a bearing on the equitable distribution of the marital assets, if the adulterous spouse has expended marital funds on the adulterous affair. 

Florida has a six-month residence requirement for dissolution of marriage, which means that at least one spouse must have had his or her permanent residence in Florida for six months prior to the filing of the petition for dissolution of marriage in the Court.

Dealing with Divorce

In a divorce case, your attorney will help you and your spouse settle the division of your property, child and spousal support issues, and questions over the rights of your children, and will represent you in court.

Your lawyer can also help you with legal problems arising after the divorce. These include increasing, reducing or collecting support payments, and custody or visitation of your children.

Custody & Support

Child custody and support are two of the most contentious issues in many divorce proceedings. Your attorney can help you with these issues as well as many others that come up in the context of a divorce proceeding.

Domestic Violence

Domestic violence isn’t just physical. It also covers the threats, emotional abuse, harassment and stalking that a spouse, partner or date use to control someone else’s behavior. The abuse frequently occurs in predictable patterns as part of a cycle of violence in which the behavior escalates, erupts and then mellows into apologies. It can be directed against anyone, from children to current and former partners, roommates, even parents.

The first legal step against an abuser is to file for a restraining order. If someone is in immediate danger, he or she can get an emergency protective order, also called a temporary restraining order. This prohibits the abuser from making any contact with the victim. The accused abuser is not allowed to come to the victim’s home, work, school, etc. In an emergency situation, please call 911.

Name Change

In general, you can legally change your name for almost any reason, other than fraudulent purposes, such as avoiding debts, or affecting other people's rights. In addition, the need for a legal name change may arise out of a marriage, divorce or adoption. This procedure is usually simple and inexpensive.

Guardianship of Children

A guardianship gives an adult the legal authority and responsibility to care for a child or an incapacitated adult. This may be necessary if a child's parents die, or if the child has been abandoned, is not receiving adequate care or is being abused in some way.

A guardian is responsible for the child's personal needs, including shelter, education and medical care. A guardian may also provide financial management for a child, and a guardian of the estate is appointed by the court to act on behalf of the child.

The appointment of a guardian does not, however, sever the legal relationship between the child and the natural parents. The parents will still be required to provide financial support, and the child will still have rights of inheritance.

 

 

 

 



GENERAL INFORMATION ABOUT FAMILY LAW


   
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