Family law pertains to all aspects of family relationships. Our family law practice can assist with divorce (dissolution of marriage), child custody and child visitation, child support, spousal support (alimony), equitable distribution (the division of marital property and debts), paternity, prenuptial agreements, postnuptial agreements and domestic violence injunctions.
Divorce can be tough on both parties involved, no matter who initiated it. If you are contemplating divorce, our attorneys at Legacy Law of Florida are here with experience and compassion to guide you through the process. We have represented many clients throughout the state in all aspects of the divorce process. We consult with each of our clients before each step of the process and include them in any receipt of court documents and communication.
Florida’s status as a no-fault state means that mutual consent between spouses is not required to file for divorce. However, there is one of two stated required legal grounds that must apply in order for you to file for divorce:
- Your spouse has been declared legally incompetent for at least three years prior to petition for dissolution of marriage
- The marriage is considered “irretrievably broken”, meaning that such a breakdown has occurred in the marriage that a resolution is impossible. As long as one party has been residing in Florida for at least 6 months and it can be proven that a marriage is irretrievably broken, a divorce can be granted.
Even with the legal requirements in place, divorce proceedings may go contested or uncontested. Uncontested divorce means that both parties agree to all terms of the divorce. Contested divorce means that one or both parties are in disagreement and litigation is necessary.
Divorce litigation can often be a long and arduous process, involving a series of petitions and answers until all contested matters are settled.
Alternatives to traditional litigation, such as arbitration and mediation, can be a less-costly and time-consuming options.
Contact us if you have received a petition to file for divorce or are considering filing for divorce. Legacy Law of Florida is here to help guide you through this process.
Modification and Enforcement
In some cases following a divorce, circumstances can change for involved parties or children. Such changes may require modifying, enforcing, or setting aside final judgments, parenting plans or marital settlement agreements.
Modifications through the courts can be used to adjust terms such as alimony payments. An enforcement can be issued to ensure spousal compliance with the divorce terms or parenting plan. Divorce final judgments obtained in other states or countries can be modified or enforced through domestication in Florida courts.
When minor children are affected by divorce proceedings, a parenting plan becomes necessary to designate day-to-day parenting responsibilities as well as long-term, time-sharing and holiday scheduling.
In Florida courts, parties can be awarded “shared parental responsibility” or “sole parental responsibility”. In most cases, there is a desired outcome for shared responsibilities.
In shared parental responsibility relationships, both parents retain full parental rights and responsibility for child welfare. Any decisions made that will affect the child(ren)’s life must be agreed upon by both parties.
In a sole parental responsibility relationship is one in which one parent is given full parental rights and responsibility.
Regardless of appointed parental responsibility, a time-sharing schedule must be determined. A time-sharing schedule determines the amount of time a child will spend with each parent in addition to detailing the child(ren)’s day-to-day living arrangements.
Determining time-sharing and parental responsibility for children is, by far, the most integral part of any divorce proceeding. Any issue that may arise during a divorce proceeding that may affect the health and well-being of a child must be resolved for the proceeding to continue.
At Legacy Law of Florida, our goal is to resolve your case with minimal cost while offering peace-of-mind.
With cases involving children, we keep them at the heart of the case. We will focus our efforts in providing the best possible outcome for your child(ren). We will strive to protect them from the turmoil of legal disputes.
We understand that cases involving children can take an emotional toll. We can direct you to appropriate mental health assistance, if desired.
In some instances, a case may require a Guardian Ad Litem to conduct an impartial investigation and to act as the eyes and ears for the judge. We have experience in serving as Guardian Ad Litems in difficult and contentious cases. We know when a Guardian Ad Litem is necessary and how to facilitate such an investigation.
At all times, our focus is the best interests of your child(ren).