Family Law

We offer legal service in the following categories of Family Law:

• Divorce
• Child Custody
• Child Support
• Alimony
• Paternity
• Domestic Violence
• Relocation

Divorce

Florida is a no-fault state, which means neither spouse has to prove fault to file for a dissolution of marriage. Spouses are only required to prove that a marriage exists and is broken beyond reconciliation. A rarely used ground involves incompetence. If a spouse has been deemed mentally incompetent for at least three years, the other spouse may file for divorce. If your situation meets either of these requirements, you can file for a regular or simplified dissolution of marriage.

Residency Requirements for Getting Divorced in Florida

In order to get divorced in Florida, at least one party must meet the statutory residency requirement. Florida divorce law requires that at least one of the parties to the marriage must have resided in the state of Florida for at least six months prior to the filing of the divorce lawsuit. A divorce proceeding may be brought in Florida against someone living outside the state, but one party must reside in the state.

Types of Divorce Petitions

There are four basic types of divorce petitions that may be filed in a Florida divorce, depending on the circumstances of the case:

• Petition for Simplified Dissolution of Marriage.
• Petition for Dissolution of Marriage with Dependent or Minor Children.
• Petition for Dissolution of Marriage with Property but No Dependent or Minor Children.
• Petition for Dissolution of Marriage with No Dependent or Minor Children or Property.

Regardless of the type of petition filed, Florida divorce law requires that each party to the divorce must exchange certain information and documents and must file a Family Law Financial Affidavit. The affidavit discloses each party's monthly
income and expenses and is used by the court in part to help determine an equitable
distribution of marital assets and liabilities.

Back to the top

Child Custody

In Florida, the courts have moved away from using the term “custody.” Unlike in the past, neither party will be “awarded custody.” Instead, the courts will assign "parental responsibility" for the children, either shared or sole, and will provide for a time sharing arrangement. The responsibility for raising a child ends upon the child's 18th birthday or upon graduating from high school - by age 19.

Sole parental responsibility is when one parent makes decisions regarding the child without input from the other parent.* This includes minor decisions that need to be made on a day-to-day basis (i.e., the child’s bedtime) as well as all major decisions (i.e., the school the child attends).

Sole parental responsibility will be given to one parent if the judge decides that shared parental responsibility would be harmful to the child. In making a decision regarding what is harmful to the child, the court will consider evidence of domestic violence or child abuse, neglect or abandonment. In those cases, the judge will make arrangements for time-sharing that will best protect the child or abused spouse from further harm, which may mean that no time-sharing is ordered

Shared parental responsibility is when both parents have full parental rights and responsibilities with respect to their child. The parents must talk to each other and jointly make decisions about the child's welfare (including primary residence, education, religion, medical and dental care).* Therefore, in
cases where there is domestic violence -- and the abuser has the power and control-- this type of shared parental responsibility likely will not be a good option.

The judge will order shared parental responsibility unless s/he finds that shared parental responsibility would be harmful to the child. Any evidence of domestic violence or child abuse (even if there is no criminal conviction and/or no injunction for protection against domestic violence) will be considered by the judge to be evidence of harm to the child. The court may consider the desires of the parents and may give one parent the ultimate responsibility for particular aspects of the child's welfare or may divide the responsibilities between the parents.

Back to the top

Child Support

When one parent is awarded sole custody in a divorce, the other parent typically is required to fulfill his or her child support obligation by making payments to the custodial parent. The custodial parent, however, meets his or her support obligation through the custody itself. When parents are
awarded joint physical custody in a divorce, the support obligation of each is
often based on the ratio of each parent's income to their combined incomes,
and the percentage of time the child spends with each parent.

Child support is based on a chart, published by the state. The courts have some leeway. But in practice, child support is a predictable number that can be calculated by either party. The final number is based on the income of both spouses and who is the primary residential parent (primary custody).

Back to the top

Alimony

Alimony is difficult to predict. While there are no exact guidelines for alimony in Florida law, the law list factors a judge must consider.

The most important issues the court will consider are:

• The lifestyle the couple had prior to the divorce. If possible, a court will divide assets and future income in a way that allows both spouses to continue their lifestyle.

• The length of the marriage. If the marriage is under 7 years, it is considered short term and alimony is much less likely. A marriage over 14 years will normally justify alimony. Marriages that lasted between the two numbers can go either way. The length of the marriage is only one issue. The judge will consider all of the issues before deciding.
• The ability of one spouse to pay money and the need of the other spouse. The court will look at your ability to work, whether you worked in the past, and how much you earned. Other issues may be important such as special needs of children and if those needs interfere with work. The court will also look to see if you purposely became unemployed or are earning less due to your own lack of effort
• The amount of property to be divided. If a spouse gets a significant settlement that provides enough money to support their lifestyle, the possibility of alimony is reduced.
• Men versus women: Contrary to popular opinion, there is no legal preference if you are a man or woman. Either spouse can seek alimony. Courts are supposed to make decisions without regard to gender. But as you know, reality frequently conflicts with the rules. The bottom line, women still receive some preference for alimony.
• Parental Kidnapping
• If you are afraid that the other parent will take your children away without your consent, you can ask the judge to issue an emergency custody order.You can ask the judge to include in the order that the other parent cannot take the children out of the state, or that the other parent may only have supervised visitation.

Back to the top

Paternity

In Florida, there are five ways to establish paternity:

• Marriage: The parents are married to each other when the child is born
• Acknowledgement of Paternity: The unmarried couple signs a legal document in the hospital when the child is born, or late
• Administrative Order Based on Genetic Testing: Paternity is ordered if a genetic test proves fatherhood
• Court Order: A judge orders paternity in court
• Legitimation: The mother and natural father get married to each other after the child is born and update the birth record through the Florida Office of Vital Statistics

Genetic Testing

A genetic test is a scientific test used to prove if a man is the child’s father. Sometimes it is also called a DNA test. We do not use needles or need blood to do the test. It works this way:

• The man believed to be the father, the mother, and the child are scheduled for a genetic test appointment.
• Everyone must show up for their appointment and bring picture identification.
• At the appointment, the lab worker takes a picture of the personmbeing tested, gets a fingerprint, and reviews and photocopies the picture identifications. We are careful to check identification so that we are sure the test is being done on the correct person or persons.
• The lab worker wipes the inside of the cheek of each person with a small swab, similar to a large q-tip, to get a sample of cells the lab will use for the genetic test.
• The lab worker seals and ships the cell samples and identification to the
  genetic testing laboratory.
• The laboratory compares the cells of the mother, the man believed to be the father, and the child to get a test result.
• The laboratory sends the test results to us, and we send copies to the mother
  and the man believed to be the father.

Genetic test results are reliable and proof that the man who took the test is or is not the father of the child. We use laboratories certified in genetic testing. We do not accept genetic test results for any other laboratories. Once the genetic test results are received from the laboratory doing the testing, you will receive the results in the mail. We are NOT AUTHORIZED to reveal any testing results (positive or negative) to anyone over the phone.

Genetic testing is always a part of the Administrative Order method. Sometimes a judge will order genetic testing in court. Regardless of the method, if the mother or the possible father has any doubt about who the real father is, we recommend a genetic test.

Back to the top

Domestic Violence

A injunction (protective order) is a legal order issued by a state court which requires one person to stop harming another. In Florida, you could qualify for an injunction for protection against domestic violence or an injunction against sexual violence.

Back to the top

Relocation

Under a new Florida law, strict procedures must be followed in relocation cases. Before moving a child's principal residence address more than 50 miles away, a primary residential parent (custodial parent) must either: obtain the written agreement of all parties entitled to visitation with the child; or file and serve a Notice of Intent to Relocate.

Relocation by Agreement

The parent who wishes to move away with the child will be allowed to move if he or she obtains the written consent of the other parent and every other person entitled to visitation with the child. An informal agreement between the parents is not enough. The agreement must be in writing and: reflect the agreement to the relocation; define the visitation rights for the parent who is not moving (and any other persons who are entitled to visitation); and describe, if necessary, any transportation arrangements related to the visitation. The agreement must then be ratified by the court.

Back to the top