Broward Divorce Lawyer | Our Approach to Divorce in Florida
In addition to the sunny weather and beautiful beaches, Florida is unfortunately known for its higher divorce rate. It is among the highest in the United States, at around 13%. This is the sixth-highest in the country. Of these divorces, 30-40% of the families have underage children.
And that is where your Broward divorce lawyer steps in. The first thing we do when meeting with a client is examine the client’s family dynamics, including child-parent relationships. Our initial assessment focuses on several relevant areas that we will go into more detail about below.
As you will see, we offer comprehensive legal assistance for various divorce matters, including mediation and collaborative divorce options, child custody and support services, alimony and marital property division representation, and post-divorce modifications and enforcement.
In Florida, there are two types of child custody: Physical and legal. In any child custody decision, the court’s primary concern is determining the child’s best interests. This includes their home life and stability, emotional support, financial stability, and the child’s relationship with each parent.
When it comes to child support, Florida follows child support guidelines established by state statutory law. The formula used to determine child support includes several factors, such as each parent’s income, the number of children involved, healthcare costs, and other expenses like daycare.
Child Support Modification
Florida child support orders can be modified if a substantial change in circumstances affects the child support calculation. Some reasons a parent may seek a modification to child support include:
- Change in income
- Change in parenting time
- Change in the child’s needs
- Job loss or unemployment
- Healthcare costs
In Florida, the court is responsible for determining alimony (also known as spousal support) when the spouses cannot reach an agreement on their own. If the divorcing couple is unable to come to an agreement through mediation or negotiation, they can ask the court to make a determination.
Not everyone will have to pay alimony or spousal support. The court will take into account several factors such as the duration of the marriage, the standard of living established during the marriage, the age and physical condition of each person, and the financial resources available to each party, along with others.
In the case of alimony modification or spousal support:
- Substantial change in financial circumstances
- Remarriage of cohabitation
- Duration or termination of alimony
To modify alimony or spousal support after a Florida divorce case, the party seeking the modification must file a petition with the court and provide evidence justifying the modification. Consulting with an experienced Broward divorce lawyer can help you understand your rights and options when seeking alimony or child support modification.
To seek child support or alimony modification, you must file a petition with the court and demonstrate a substantial change in circumstances. Depending on the specific situation, the modification can be permanent or temporary.
Child Support Enforcement
The state’s child support enforcement program is managed by the Department of Revenue (DOR) through the Child Support Enforcement (CSE) division. They work to establish, enforce, and modify child support orders. They also establish paternity, follow through with income withholding, driver’s license suspension, liens and the seizure of assets.
Division of Property, Marital Assets, and Debt
Equitable distribution laws govern the division of property, marital assets, and debt. Unlike community property states, where marital property is split equally between spouses, Florida follows the principle of equitable distribution. This means that everything is divided fairly but not necessarily equally.
When determining how to distribute marital assets in a divorce case, the court looks at the contributions of each spouse during the marriage, their economic circumstances, and the duration of the marriage.
Relocation of Children
Child relocation, as outlined in Florida Statutes section 61.13001, is when a custodial parent wants to move more than 50 miles away with the child for at least 60 consecutive days. The relocation of a minor before, during, or after a divorce case can significantly impact the child’s relationship with the non custodial parent. For this reason, Florida law has set out specific requirements and procedures to address these situations.
Paternity is the legal establishment of a father’s relationship with a child born outside marriage. Establishing paternity is important for determining parental rights, child support obligations, and access to benefits and privileges for the child. In Florida, paternity can be established through voluntary acknowledgment, administrative order based on genetic testing, or a court order.
Your Broward divorce lawyer can offer legal advice and guidance and file all the necessary petitions and documents required to initiate the process.
Also known as time-sharing, visitation refers to the schedule and arrangements made for a non-custodial parent (one with which the child currently does not reside).
These rights are typically established as part of a parenting plan, which is a required document in Florida divorce cases involving minor children. The Title IV-D Standard Parenting Time Plan must be agreed to by both parents and is outlined in section 409.25633 of the Florida Statutes.
Domestic violence can have significant implications in divorce proceedings. Florida laws protect you from these situations. Under Section 741.28 of the Florida Statutes, domestic violence includes threats and physical action toward a spouse, child, or other family member living in the residence. Since domestic violence laws are complex, it helps to confide in a knowledgeable divorce attorney who can help you in these matters.
An attorney also plays a crucial role in assisting with restraining orders in family law matters involving domestic violence. An experienced family law attorney should have in-depth knowledge of the domestic violence statutes and case law and should be able to explain your rights and options.
Foreclosure and Divorce
Another service we offer is help with foreclosure and divorce. The family home can be a complex matter with significant emotional and financial implications. During a divorce, the division of the marital assets, including the marital home, becomes an issue.
Sometimes, you both may choose to sell, or one spouse may want to keep the home. If the home is at risk of foreclosure, this can further complicate the division of assets. Your divorce attorney can help you find a workable resolution.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements are legal contracts that couples enter before or after marriage. In Florida, prenuptial agreements (entered into before marriage) are governed by the Uniform Premarital Agreement Act (UPAA) and include key points like entering into a voluntary agreement with no coercion and fully disclosing all assets, liabilities, and financial information. The prenuptial agreement must be fair and reasonable and cannot waive the right to child support.
A postnuptial agreement is executed after the marriage and addresses asset division and financial matters issues in the event of death or divorce. The same requirements for a prenup exist for a postnup, including voluntary agreement, full disclosure, and fairness.
Terminating Parental Rights
The termination of parental rights is another legal process that ends the relationship between a parent and child. In Florida, terminating parental rights can be voluntary or involuntary, depending on the circumstances.
Appeals and Post Judgment Modifications
Suppose a party needs to seek a review of a court order or judgment because the judge made an error or misapplied the law. In that case, they may ask the appellate court to intervene. In an appeal, a Notice of Appeal has to be filed.
After this, a transcript of the trial court proceeding will be prepared and transmitted to the appellate court for its review. When it comes to post-judgment modifications, they can be made to modify certain aspects of a final court order or judgment in a family law matter, such as divorce, child custody, child support, alimony, or visitation.
To do this, you must file a motion, offer your grounds for modification, and allow the other party to respond before a court decision is made.
The Experience and Qualifications of a Broward County Divorce Lawyer
Our goal is to assist our clients in closing this chapter of their lives and help them move on, preventing the unfortunate circumstance of ongoing litigation that can be drawn out for years.
Our divorce lawyers have a wealth of experience in family law, particularly when handling divorce cases in the Broward County area. We take a compassionate approach because we understand that divorce is not just a legal process in the Florida courts.
Rather, it is an emotionally challenging time for everyone involved. We approach each case with compassion and empathy while providing personalized attention, supportive guidance, and effective communication.
Considering Filing for Divorce in Broward County and Worried About the Cost?
We understand that the perceived high cost of a divorce attorney in South Florida can dissuade someone from seeking counsel when facing divorce. We understand this issue and work hard to ensure that our advice and representation will fit your budget.
We believe that in the areas of family law and divorce, everyone should have access to quality legal representation. We work diligently to ensure that court decisions and settlements are fair and in your best interest.
We handle divorce cases for clients living in Hallandale, Hollywood, Aventura, Fort Lauderdale, Miramar, Pembroke Pines, Weston, Davie, North Miami Beach, Dania Beach, and all other cities in Broward and Miami Dade County.
Get a Free Consultation with a Broward County Divorce Attorney
Contact us to find out how we can help you. You can contact us by phone at 954-458-8655 or by e-mail through this website to schedule an appointment and learn more about your rights in a Broward County divorce. We offer a free initial telephone consultation.
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