FAMILY LAW

Family Law consists of many areas of daily social life; divorce , child custody, alimony, child support, injunctions against domestic violence. These are only some of the subjects falling under family law.

Divorce in Florida is known as a dissolution of marriage. Florida is considered a “no fault” state which means that blame for the ending of a marriage is not considered in dividingassets, liabilities, support, etc. Reasons must be stated in the vaguest terms for the finding of irreconcilable differences at a final hearing. The overall objective is to allow the parties to go their different ways.

One of a client’s first considerations is the possibility of alimony, one way or the other. There are five basic types; permanent, temporary, rehabilitative, lump sum and transitional or “bridge the gap” alimony. As a basic rule, courts consider permanent alimony in long term marriages ranging from about 13 years plus depending on circumstances. Sometimes, permanent alimony is available earlier in marriage if one spouse becomes disabled. Each case has different factors and these factors should be fully discussed with your attorney to see how alimony fits into your situation.

Custody is not a term now used in Florida as it is prejudicial and politically incorrect. Both parents have a right to a time share with their minor children. A time share plan is developed and approved by the court. When it comes to the minor children, it is always what is in the best interests of the minor children.

Paternity without marriage is not without rights. The person in majority time share care of the child is entitled to child support; the other is entitled to visitation. In order to assert one’s full rights as a parent, he/she should pursue an adjudication of paternity. DNA testing is now affordable. Again, discuss your options with your attorney.

Domestic Violence should never be tolerated. If you are in reasonable fear of your safety, contact your local family shelter for counseling. If you are a victim of actual violence, call your local law enforcement agency immediately. Seek an emergency injunction from the clerk of the court and interview a family law attorney. If you are a person falsely accused, you have the right to contest the injunction. Domestic violence injunctions have serious repercussions even on the federal level.

There are many other issues your in which family law attorney may be able to help. Guardianships, adoptions, powers of attorney, incompetency issues related to alcohol and drug abuse, psychological problems may be some things in which your family law attorney may be able to help.