Family Law

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 enforcement or renegotiation, establishing spousal support (alimony), equitable distribution (the division of marital property and debts), paternity, prenuptial agreements, postnuptial agreements, and domestic violence injunctions.

Divorce

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 of Florida in all aspects of the divorce process. We consult with our clients before each step of the divorce process and include them in any receipt of court documents and communication.
Florida’s is a no-fault divorce state, meaning mutual consent between spouses is not required to file for divorce. However, there is one of two stated required legal grounds that must apply for you to file for divorce:

1. Your spouse has been declared legally incompetent for at least three years prior to petition for dissolution of marriage.
2. The marriage is considered “irretrievably broken”—such a breakdown has occurred in the marriage that a resolution is impossible.


If at least one spouse has been residing in Florida for at least 6 months and a marriage is irretrievably broken or one spouse is legally incompetent, a divorce can be initiated and granted.

Contested vs Uncontested

An uncontested divorce means both parties agree to all terms of the divorce, including the division of property, child custody, and continuing financial support. Contested divorce, on the other hand, means one or both parties disagree—either about the dissolution of the marriage, child custody, support, or other issues—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 or mediation, can be 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 the divorce process, including assisting in uncontested divorce filing or negotiations for a contested divorce.

Modification and Enforcement

In some cases, well after a divorce is settled, circumstances can change for either party or their 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, child custody, or child support. An enforcement order 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.

Parental Responsibility and Parenting Plans

When minor children are affected by divorce proceedings or disagreement among unmarried parents, 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, divorcing and unmarried parents can be awarded “shared parental responsibility” or “sole parental responsibility”. In most cases, there is a desired outcome for shared responsibilities from the court. Parental responsibility is the legal term and application of child custody agreements.
In shared parental responsibility, 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—from time with each parent down to the fine details of how the child will be raised. In a sole parental responsibility relationship, 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.

Guardian Ad Litem

In some instances, a case may require a Guardian Ad Litem to conduct an impartial investigation into claims of abuse, neglect, or criminal action and to act as the eyes and ears for the judge. We have experience in serving as Guardian Ad Litem 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).
Family Law FAQs

Get in Touch

Have questions about this? Call (813) 643-1885 or send us a message
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