Family Law
This area of the law is very complex and includes various aspects including Divorce, Paternity, Custody, Child Support, Prenuptial and Postnuptial Agreements.
Divorce - (Dissolution of Marriage)
Florida is a no-fault state, which means neither party needs a reason nor consent from the other to attain a divorce. The only requirements are that one of the parties is a resident of the State of Florida for at least six months prior to filing for divorce and that the marriage is irretrievably broken. There are various aspects of a divorce case.
Simple Divorce where there are no assets or children
Marital Settlement Agreement where the issues of the assets and children (child support and visitation) are settled among the parties
Contested matter where the parties battle over every aspect of the case.
Paternity - There may be a case where the determination of paternity comes into play. This case involves determining whether the alleged father is the biological father of the child regardless of who appears on the Birth Certificate. Once paternity is determined, there are issues that need to be addressed, such as child support, custody and visitation. In some instances, a Guardian Ad Litem is necessary to establish whether or not a relationship exists between a father and child. Paternity cases involves two methods of determination:
Prenuptial Agreements - This is a legally binding contract between two people prior to their marriage. These contracts are commonly used to help protect the parties from dividing assets they acquired prior to the marriage and avoid a long drawn out battle with their spouse in the event of a divorce or death.
Postnuptial Agreements - This is a legally binding contract between a husband and wife after they have been married. Usually a postnuptial agreement is used to determine property issues in the event the parties should divorce. It may also change the prenuptial agreement, if one was signed prior to the marriage. Postnuptial Agreements have been incorporated into the Final Judgment of the parties' divorce, should there be one, as the Marital Settlement Agreement.
Domestic Violence Injunctions - This is a temporary restraining order enterd by the Court prohibiting an individual from entering a certain area in an effort to protect another who is in danger of bodily injury. At times, a party may need assistance defending themselves against a domestic violence injunction entered against them.