The firm handles all stages of a divorce, support or custody case including filing, mediation, hearings and trial. We handle uncontested cases ( by agreement) and contested cases (no agreement and as such requiring litigation and court action).
In Florida, a divorce is referred to as a Dissolution of Marriage. Florida recognizes two grounds for divorce:
The marriage is irretrievably broken (cannot be fixed) or
One of the parties to the marriage has been declared mentally incapacitated for at least 3 years prior to filing the action for divorce. Furthermore, the law requires proof of Florida residence. The court will require proof that one of the parties to the divorce has resided in Florida for at least 6 months prior to filing.
The length of time needed to complete a divorce varies. Several factors affect how the long the process will take, not the least of which is the willingness of the parties to come to an agreement on the issues. Some common issues that arise during a divorce are those involving the children (residence, visitation and support), property division (of assets and debts) and spousal support (alimony). It is always a good idea to identify the areas that may be in conflict before the divorce starts.
If you are contemplating divorce, we are willing to meet with you for a detailed consultation where we explain the divorce process and the issues that may arise in your case. If the divorce is already filed, we will review the case documents and determine a case strategy suited to your needs and the facts of your case.
If the divorce has concluded and the other party is not in compliance with the terms as ordered, we will fight to Enforce the terms and the court order. If your circumstances have changed since the divorce (eg changes to your finances, living situation etc.) resulting in a need to change custody, visitation or support, we will begin or defend a Modification action on your behalf.
In cases involving minor children Florida law requires a Parenting Plan which governs the relationship between the child and parent and includes a time-sharing schedule which specifies the times the minor child will spend with each parent (formerly custody and visitation).
The Parenting Plan will describe how the parents will be responsible for the daily tasks associated with the upbringing of the child and will designate the parent who will be responsible for health care, school related matters and other activities regarding the child.
There is a preference in the law for Shared Parental Responsibility. Shared parental responsibility is where both parents retain all rights and responsibility for their child and confer with each other to jointly make major decisions affecting his or her welfare. The court will order shared parental responsibility unless it finds that this is detrimental to the child.
If you have been served with a Petition for the court to determine a Parenting Plan with Time-Sharing or you want to put such a plan in place we will meet with you and review pertinent facts the court will consider in determining the Plan and will provide legal assistance through all stages of the court case.
If there is a Parenting Plan (or determination of Custody and Visitation) that you now feel is harmful to the child or no longer suits the need of the child, we will provide a legal review at a detailed consultation and represent you in proposing an Agreement to change the Parenting Plan. If an agreement is not likely, we will file a Petition to Modify the Parenting Plan and represent you at all stages of the court action.