Family Law

Fighting for our clients

We can help with divorce, paternity, financial support, and child custody. On this page, you will find updated and useful information surrounding:

1. Divorce (called dissolution of marriage in Florida);
2. Paternity (how to legally determine who the father is);
3. Alimony (spousal support);
4. Child custody (called timesharing); and
5. Child support.

Please feel free to always call us to discuss any of these concepts. To begin, however, we recommend that you obtain a basic understanding of these concepts so that when you do meet with an attorney, you will have an idea as to how it works in Florida.  Here are the basics:

Divorce (a.k.a. Dissolution of Marriage)

Dissolution of marriage, commonly known as divorce, can be either contested or uncontested. Meaning the spouses either agree on how everything must be divided (uncontested) or you do not agree (contested). Florida is a “no-fault” divorce state, meaning that neither party needs to prove fault or wrongdoing to obtain a divorce. The divorce may be granted by just stating that the marriage is irretrievably broken. To initiate the dissolution of marriage process, one spouse simply files a petition with the Clerk of Court, stating the grounds for divorce (usually just irreconcilable differences) and the process begins.

Petitioner = person initiating or filing the divorce with the court.

Respondent = person who receives service of process or divorce papers.

Family law practitioners (like the attorneys at Fighter Law) assist clients in navigating the legal proceedings, including property division, spousal support (alimony), child custody (timesharing), and child support matters. Mediation is often encouraged to reach an amicable agreement, but, if necessary, the case may proceed to court for a trial, where a judge will make the determinations.

Paternity (a.k.a. Who is the Father?)

Determining paternity is essential when establishing parental rights and responsibilities. In Florida, if a child is born to unmarried parents, paternity must be established to determine legal rights, including child custody and child support. We assist both mothers and fathers in pursuing paternity actions. This process may involve genetic testing, affidavit of paternity, or acknowledgment of paternity forms. Once paternity is legally established, the father gains rights and responsibilities, including visitation or custody, and the obligation to contribute to the child’s financial support. Sometimes, it can be the other way around, however – where the mother is now obligated to provide support to the father once paternity has been established. This happens in situations where the mother makes more money than the father.

Alimony (a.k.a. Spousal Support)

Alimony, also known as spousal support, is a financial provision that may be awarded during the dissolution of marriage proceedings. In Florida, the court considers several factors when determining whether alimony is appropriate and the amount to be awarded. Factors include the length of the marriage, each spouse’s financial resources and earning capacity, standard of living during the marriage, and contributions to the marriage, among others. Family law attorneys advocate for their clients’ interests, presenting evidence and arguments to support or contest the need for alimony. The court may order various types of alimony, such as rehabilitative, durational, bridge-the-gap, or permanent alimony, depending on the circumstances of the case.

Child Custody (a.k.a. Timesharing)

A few years back, the Florida legislature retitled child custody to “timesharing.” So now, instead of one parent being the primary custodial parent for a child, they are each simply parents who share time with the child. At its core, however, it is still fundamentally the same thing. The parent who has the majority of overnights with the child is really considered to be the primary parent, even though we don’t use that language anymore. And it is usually the parent who has the majority of overnights, who is owed child support. Of course, that’s not always the case. Especially where one parent makes significantly more money than the other. There is a presumption in Florida that parents should have equal time sharing. This is because, psychologically and scientifically, it has been proven that it is good for the child to get equal time with both parents. It is almost always detrimental to a child’s psychological well-being for parents to fight and involve the child in that fight during the divorce.

Child Support

Child support is a crucial aspect of family law in Florida because it is important to ensure (as much as possible) the financial well-being of children involved in divorce or paternity cases. The court uses statutory guidelines to calculate child support payments based on various factors, including each parent’s income, who has the child for how many overnights, the child’s needs, healthcare expenses, and childcare costs. Family law attorneys assist clients in navigating the child support process, including filing petitions, obtaining financial information, properly filling out the necessary documents, and ensuring compliance with court orders (one of the most time-consuming processes is the mandatory disclosures portion). We advocate for our clients’ rights, whether seeking child support or contesting the amount based on all the circumstances. Modifications to child support orders may be pursued only if there are (what are referred to as) significant changes in the financial situation of either parent or the child’s needs.

CONCLUSION

Navigating the legal processes of dissolution of marriage, paternity determination, alimony considerations, and child support in Florida requires a solid understanding of the legal framework governing these areas of family law. Whether seeking divorce, paternity, alimony, or child support, individuals and families benefit from the guidance and representation of experienced family law practitioners. By familiarizing themselves with the legal processes and seeking professional guidance from experienced lawyers like those at Fighter Law, you can have a lot of reassurance that your interests will be well represented in a court of law. More importantly, however, it is just as important to hire a lawyer, who works well with others. Most of the time, legal matters pertaining to family law do not have to go before a judge. Therefore, it will save you a lot of time and frustration if you hire the kind of lawyer who can successfully negotiate with the other party/lawyer for what you want without the need to litigate, which can turn expensive really fast. Our goal is to get you in and out as quickly as possible with as close to everything you want as possible.