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Most of our practice consists of representing clients in divorce proceedings, which is called Dissolution of Marriage in Florida. A divorce can be contested or uncontested. A contest means you don’t agree. If the two spouses agree on who gets what, who pays what and who does what, then the agreement is reduced to writing and ratified by the Court and incorporated into a Final Judgment of Dissolution of the Marriage.
The issues to be agreed upon are:
- Legal custody of children (called parental responsibility in Florida)
- Physical custody of children (called residential custody in Florida)
- Visitation and timesharing with children
- Child support
- Distribution of assets and debts
- Spousal support (called Alimony in Florida)
- Attorney fees and costs.
If the spouses cannot initially agree, the next step is to attend mediation. Mediation is a process where a neutral third party tries to facilitate agreement between the spouses. Whatever issues do not resolve at mediation is tried before a Judge. After attendance at mediation, either or both spouses can request a brief temporary relief hearing before a judge (to request for example, temporary custody of children, support, alimony, attorney fees, sole use of marital home, etc).
If you and your spouse agree to jointly select experts (such as a divorce financial planner and/or a therapist) to assist you in coming to agreement on issues relating to the Dissolution of Marriage you can enter the “collaborative divorce” process.
Once a Divorce decree is issued, a former spouse may seek to modify and/or enforce certain provisions of the decree.
A child born to an unmarried women is legitimated by subsequent marriage to the mother or Paternity adjudication.
Either party can file a petition alleging an intimate relationship as a result of which a child was born and either request or waive the right to genetic testing to determine Paternity.
Once the issue of Paternity is established the Court can establish custodial rights and impose the duty of support.
Allegations of domestic violence can result in the issuance of a Restraining Order and/or criminal prosecution (usually domestic assault and/or domestic battery).
Allegations of abuse, abandonment and/or neglect of a child may result in a proceeding to declare the child dependent. The Courts may reunify the family or terminate parental rights and may place the child in foster care. A child who is alleged to have committed a crime may result in a proceeding to declare that child delinquent.
Allegations of incapacity because of age, infirmity, or disability may result in guardianship proceedings. Generally a person may be the guardian of the person (entitled to make personal decisions for the benefit of the incapacitated) or plenary guardian (a guardian of the person and the property).
The death of an individual may result in proceedings to distribute his or her estate in accordance with a Last Will and Testament or he laws of inheritance if there is no Will. Less formal administration than a full administration is available for qualifying estates through Summary Administration or Family Administration proceeding.
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