AREAS OF PRACTICE
DISSOLUTION OF MARRIAGE
Commonly known as “divorce”. To divorce in Florida, you need to have a valid marriage, have been a resident of the State for at least 6 months prior to filing for divorce, and acknowledge at a final hearing (when you go in front of a judge to get divorced) that your marriage is irretrievably broken (no amount of counseling can fix your marriage).
A non-adversarial alternative to traditional litigation that requires a commitment to stay out of court.
In Florida, we no longer use the terms “custody” or “primary/second residential parent”. We simply utilize a parenting plan. The primary components of the parenting plan include parental responsibility (decision-making) and timesharing. Florida Statute 61.13 details the factors the Court will consider when establishing a parenting plan. In some cases, supervised and/or safety-focused parenting plans are needed.
ALIMONY OR SPOUSAL SUPPORT
The most common questions surrounding alimony include, “Do I have to pay it?” “Am I entitled to receive it?” “How much?” “And for how long?” Florida Statute 61.08 sets forth the analysis the Court will complete when determining entitlement, duration and the types of alimony available.
Florida Statute 61.30 details the child support calculation. Just a few of the important considerations in calculation of child support include sources of income, the cost of health insurance, day care, and the number of overnights enjoyed by the non-majority timesharing parent.
MODIFICATION OF ALIMONY OR CHILD SUPPORT
Upon satisfying particular requirements, parties may modify their alimony or child support upward or downward.
MODIFICATION OF TIMESHARING OR PARENTAL RESPONSIBILITY
Upon satisfying particular requirements, parties may modify their timesharing or parental responsibility (decision-making).
Florida Statute 61.13001 sets forth the factors the court will consider if a party is seeking to move more than 50 miles from their current residence with a minor child or children.
An action may be brought by either parent to establish child support and a parenting plan for a child or children born out of wedlock.
Based upon Florida Statute 68.07, it is possible to obtain a name change, e.g., having a maiden name restored after a divorce has been entered.
SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE
Based upon Florida Statute 61.09, it is possible to receive support from your spouse while remaining married.