West Palm Beach, Florida Family Lawyer
The termination of matrimony in Florida, whether contested or uncontested, is a monumental decision in one’s life. The divorce process in Florida involves issues such as equitable distribution of property and debts, custody of children, visitation, child support, spousal support or alimony, amongst others. Florida divorces may be finalized by settlement or they may be litigated. If parties choose settlement, they usually enter into marital settlement agreements may have already entered into prenuptial agreement before marriage, or postnuptial agreements during marriage.
Back to Top
When parties are in agreement on some, most or all issues concerning property, support and/or children, they may choose to enter a written agreement setting forth their marital property, support, custody and visitation rights. Through marital settlement agreements in Florida, parties are able to resolve issues in a manner which enables them to have control rather then having decisions imposed upon them by courts. Additionally, marital settlement agreements enable parties to avoid the costs and time investment of litigation.
Back to Top
In Florida divorce, courts identify assets owned and liabilities incurred by the spouses, whether individually or jointly. Additionally, Florida courts determine whether those identified assets and liabilities are considered marital or non-marital, and then assess a value for the identified assets and liabilities. In the alternative event that parties agree on this issue in the form of a martial settlement agreement, they have control of the distribution of assets and liabilities.
Back to Top
Parents may have shared parental responsibility for the care, custody and control of their children under current Florida statutory law. One parent may be designated as the custodial parent, and this is the parent with whom the children live. The non-custodial parent may nevertheless remain a key figure in decision making, and in some cases, the children may in fact live with the non-custodial parent for a portion of the year under the parental responsibility decree. It is important to remember that Florida courts evaluate each case separately and distinctly, so therefore there is no guaranteed custody arrangement.
Back to Top
Money paid by the more financially able spouse for the support and maintenance of the spouse who is more in need. The purpose of alimony is to enable a spouse to maintain the standard of living to which he or she was accustomed during the marriage, and alimony is usually decided based on the number of years of marriage.
Back to Top
Monetary relief and shared parental responsibility may be available during the pendency of a divorce action in Florida. (for example, temporary alimony, child support, or status as primary residential custodian).
Back to Top
(also referred to as Florida premarital or Florida antenuptial agreements)
Contracts that prospective spouses enter into with each other in advance of matrimony, with the objective of (1) defining their property rights and spousal support obligations; and (2) limiting their economic responsibilities, in the event that divorce in Florida or death of one spouse should occur.
Back to Top
Contracts entered into between a husband and wife at any time during marriage, the purpose of which is to delineate property and/or support rights and obligations upon divorce or death of one spouse. Postnuptial agreements may also be used when divorce in Florida may be contemplated but has not occurred, and the parties are in agreement as to the division of assets and liabilities.
Back to Top
Injunctions for Protection against Domestic Violence, commonly referred to as “restraining orders”, may be granted by courts in Palm Beach County, FL, where a spouse either is a victim of domestic violence or reasonably fears that he or she is in imminent danger of becoming a victim. There are additional types of injunctions available for non-married victims of domestic violence.
Learn more about Domestic Violence
(Heterosexual and Homosexual Relationships)
In Florida, parties who are not married also have rights, such as co-habitant support, rights concerning the parties’ property, children from the relationship, and Injunctions for Protection Against Domestic Violence. Additionally, the effect of cohabitation becomes a legal issue as it may form a basis for reduction or termination of alimony in Florida for a spouse who was formerly married.
Back to Top
A primary residential parent may plead for relocation in a Florida divorce action, or may choose to bring a separate petition for relocation at a later time, pursuant to a recent Florida statute, effective October 1, 2006. Fla. Stat. § 61.13001. The desire to relocate with a child has clear implications on the non-custodial parent, and Florida law sets forth a procedure by which former spouses may either (1) agree to the relocation of the primary residential parent with the child by signing a written agreement, or (2) go through court procedures in which both parents are given the opportunity to litigate the issue, whereby the Florida court ultimately determines whether relocation of the primary residential parent is in the best interest of the child.
Back to Top
Paternity actions in Florida may be initiated by a natural mother, by any man who has reason to believe he is the father of the subject child, by the child, or by the Florida Department of Revenue. In Palm Beach County, FL, paternity actions are initiated to determine whether a man is the father of a child and to confer the rights and duties of a parent, including but not limited to the payment of child support and determination of parental custody.
Back to Top
Of a minor child; of a minor child pursuant to adoption; use of birth name during marriage; use of married name subsequent to divorce in Florida.
Back to Top
Contact us about your legal matter today!
|
