MARITAL & FAMILY LAW - DIVORCE, CUSTODY, VISITATION, CHILD SUPPORT, ALIMONY, MARITAL ASSETS, NON-MARTIAL ASSETS, EQUITABLE DISTRIBUTION, CONTESTED AND UNCONTESTED.

The above terms describe the world of divorce in Florida at the present time. You've heard these terms but what do they mean? As someone who has practiced divorce law for over 30 years, I am very familiar with them and have witnessed the many changes in the divorce laws over the years in the State of Florida. The laws are always changing so it is necessary to obtain legal advice to protect yourself and family and your assets and income.

CUSTODY - Florida is a shared parental responsibility state; ordinarily one parent has primary responsibility, the other secondary. Each must keep the other informed about the health and social welfare of the children. The test is what is in the best interest of the minor children.

VISITATION - A schedule is usually set up that provides for the non-primary spouse to visit with the children on a reasonable basis, it includes major holidays, school breaks, the parents and child's birthdays and other days.

CHILD SUPPORT AND ALIMONY - Every person has a legal obligation to support their children, whether they live with you or not. Support is based on net income, childcare and health insurance and is pursuant to a specific schedule as per Florida laws. Alimony is owed if one party has a need for it and the other has the ability to pay it. It can be permanent, rehabilitative (short term to allow education and job training), lump sum or periodic. Some of the factors considered in granting alimony are the length of the marriage, the standard of living during the marriage, whether the wealth of one party is greater than the other and other factors.

ASSETS AND EQUITABLE DISTRIBUTION - Florida is an equitable distribution state, this means that the court will consider all marital property owned by the parties and will try to divide it as equitably as possible. If assets or liabilities are acquired in connection with the marriage, such as pensions, joint accounts and other assets or credit card debt or loans, they may be considered marital and divisible.

UNCONTESTED & CONTESTED - If there are issues involving all of the above then you may be involved in a contested divorce. If you can agree to these issues then it may be an uncontested divorce.

Please call our firm to arrange to consult regarding these matters at 954-229-2226.