Family law issues can be highly personal and emotional. Whether you are seeking a divorce or fighting for child custody, all you need is someone who can represent you legally and personally in a professional way.
You must understand your rights from a legal perspective to ensure you have a bright future. The decisions that you will make in a family law case are going to have an impact on your life for a very long time into the future. Protecting your children and peace of mind is possible with the roadmap that you develop.
What Is Family Law in Florida?
Family law involves legal cases that revolve around family issues. Some of these issues may include divorce, child custody, adoption, and many more.
Florida is a no-fault state when it comes to divorce. This implies that you don’t need to provide proof of misconduct to dissolve your marriage. All that needs to be proven is that your marriage is beyond repair. One or both of you should have lived in Florida for at least six months before the proceedings.
It becomes imperative to consult an experienced family law attorney in Florida when dealing with such statutes.
Divorce and Mediation in Florida
The divorce process may be contested or uncontested, depending on the spouses’ agreement. It is necessary to distinguish the two types of divorces to determine which one will suit you better.
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Contested Divorce
A contested divorce indicates that spouses fail to reach an agreement on certain aspects of the divorce process. These aspects may concern the division of assets and debts, alimony, and child custody.
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Uncontested Divorce
An uncontested divorce is one in which spouses can agree on all major aspects of their divorce.
How Mediation Can Help
Court proceedings take a lot of time and money and cause significant stress. The Florida judicial system encourages couples to settle disputes using Alternative Dispute Resolution (ADR).
Mediation enables spouses to resolve their conflict with the help of a third party. The aim is to reach an agreement on property division, alimony, child custody, visitation, and child support without leaving everything to a judge’s discretion.
In any divorce, an experienced mediator can guide you regarding the rights you have and try to negotiate an arrangement that will suit you.
High-Asset Divorce, Alimony and Property Distribution
Divorce becomes even more complicated when substantial assets, business ventures, or other valuable property are involved. Finances and property distribution may also lead to a dispute between spouses.
Spousal Support and the Rules for Alimony Payments
Florida laws regarding spousal support have been updated significantly to establish clearer guidelines.
Types of Support
Different situations call for different kinds of support:
- Bridge-the-Gap Alimony: It is intended to help one spouse adjust to the transition from marriage to separation.
- Rehabilitative Support: Helps a spouse gain education or job training.
- Durational Support: Provides financial support for a set period based on marriage length.
An experienced mediation attorney can help you understand whether alimony may apply to your situation and what factors may affect the amount and duration of support.
Dividing Marital Assets and Liabilities
Florida follows the rule of equitable distribution. Equitable means fair, but not always an exact 50/50 split.
The court first separates marital assets from non-marital property. Marital property includes assets or debts acquired during the marriage. Non-marital property includes inheritance or assets owned before marriage.
The division of marital property can involve homes, vehicles, bank accounts, retirement accounts, investments, businesses, and other financial interests. Marital liabilities and debts must also be considered when determining a fair distribution.
Complex Property Division
Dividing real estate, pensions, bank accounts, and debts requires careful documentation. Hiding assets from the court violates full financial disclosure laws. Full honesty is required under Florida law.
High Asset Divorce Considerations
Divorces involving substantial wealth require specialized financial strategies. High asset cases often involve:
- Corporate holdings
- Stock options
- Private trusts
- Real estate portfolios
- Retirement and investment accounts
- Business interests and other complex financial assets
In these complex cases, valuing assets correctly is vital. You may need forensic accountants and business valuation experts to protect your financial interests.
Working with a knowledgeable high-asset divorce lawyer safeguards your business holdings and protects your personal privacy throughout the division process.
Military Divorce and Special Considerations
There are specific issues faced by military couples when going through divorce, which should be taken into consideration. There are also federal laws, such as the Servicemembers Civil Relief Act, that can offer some protection to service members involved in legal proceedings, including default judgments in certain cases.
Military pensions and benefits are divided under the law, and deployment, as well as military assignments and relocation, may affect custody arrangements.
Always choose a lawyer who understands how military divorce works for a discreet strategy and protection.
Child Custody and Time-Sharing in Florida
The Florida statute prefers the concept of parental responsibility and time-sharing over custody or visitation. The state believes that children derive benefits from interacting with both parents.
Development of a Comprehensive Plan
Parents have to prepare a comprehensive parenting plan acceptable to the court. This written agreement outlines schedules and the decision-making process regarding the children’s welfare.
Factors Courts Consider
Sometimes parents can’t agree. The court then decides on a parenting schedule based on what is best for the child. Judges look at a few important things:
- The moral, mental, and physical health of each parent.
- Each parent’s ability to maintain a stable home environment.
- Responsibilities between parents.
- The child’s preference, if the child is mature enough.
Knowledge of custody laws will help parents develop effective parenting plans that keep their kids at the center.
Child Support in Florida
It is the responsibility of both parents to provide financial support to their minor children. There is a statutory method of calculating it in Florida.
How Financial Payments Are Calculated
Calculations rely on guidelines established by state law. The court reviews several financial factors:
- The net income of both parents.
- The number of overnights the child spends with each parent.
- Health insurance expenses for the child.
- Pay for daycare or childcare.
Other factors may also affect the final child support obligation, depending on the family’s circumstances.
You could face serious legal problems if you refuse to pay child support as ordered by the court. Child support can be enforced through legal remedies, which may include income withholding or, in appropriate cases, suspension of certain licenses.
Modification of Family Law Orders
The facts of life often change even years after divorce proceedings have ended. Being laid off from your job, receiving a salary increase, remarrying, or having some health problems could impact your current court orders.
Due to changes in income, needs of a child, or changes in living conditions, it may become necessary to modify your child support order, alimony order, or parenting order. In such situations, you are allowed to petition for a modification of the order. You need to show that there has been a substantial and involuntary change of circumstances.
Legal provisions for modifications of orders depend on the kind of order that is involved, as well as the specific facts of the case.
You should get legal guidance before modifying any court order. It is not allowable to stop paying alimony without court approval. Any modification outside of a court order could lead to legal trouble.
Coleman Law Group: Your Partner in Family Law
Dealing with your family law concerns requires an understanding, knowledgeable legal advocate. Our skilled staff at Coleman Law Group handles all your family law matters with professionalism and effective legal strategies.
Whatever the issue may be that requires your legal representation, such as contested or uncontested divorce, mediation, high asset divorce, alimony, military divorce, child custody, child support, or modification of a family law order, we can provide the help that you require.
Our legal team assists clients across various family law areas:
- Protecting your parental rights in child custody disputes.
- Ensuring fair calculations for child support and alimony.
- Guiding high-asset clients with an expert high-asset divorce lawyer.
- Representing your interests in out-of-court negotiations as a mediation attorney.
- Helping service members and military families navigate the unique issues involved in military divorce.
- Filing for a formal modification of the order when your life circumstances change.
Protect your family’s future and secure your financial peace of mind with trusted legal guidance. Reach out to Coleman Law Group at 727-214-0400 or aheartforpeople@clgfl.com to schedule a consultation with an experienced family law attorney in Florida.
