Going through a divorce can feel scary. Everything seems upside-down. Your emotions are in an uproar. Life feels like one big roller coaster.
Contact McGinnis Law Firm today for effective, efficient divorce representation. We understand your concerns and are dedicated to helping you find the best possible solution.
Our firm represents divorcing clients. We facilitate the legal process for you, which may include settlement negotiations and court proceedings. We look into the specifics of your case to advise you of the best approach. We focus on protecting your best interests along with those of your children, regardless of whether you are a mother or a father.
In an uncontested divorce, all of the issues, such as equitable distribution of the marital assets and debts, alimony, child custody, visitation, and child support, have been resolved by the parties, typically through a written marital settlement agreement. The marital settlement agreement can be a fairly complex document and if it is not drafted correctly can cause future costly litigation long after your divorce is over. By hiring an experienced family law attorney now, you can minimize the potential for problems in the future. At McGinnis Law Firm, P.A., our experienced attorney can handle your uncontested divorce from the initial filing, through the drafting of a detailed marital settlement agreement, to the final hearing. She will take the time to make sure that all of the important issues in your case are addressed in a clear manner so as to help prevent future litigation.
In a contested divorce, at least one of the issues in the case is disputed and must be brought before the court for determination. The more issues left unresolved by the parties, such as custody of the children, and the more high-value assets the parties have, the more complicated and litigious the case can become.
Our attorney has the experience and knowledge of the law to handle complex divorce issues and contested divorce litigation cases. She also has significant experience in settlement negotiations and contract-drafting, which is essential when representing a client in an uncontested divorce case. Whether your case is uncontested or contested, we can represent you and guide you through the legal process of the dissolution of your marriage.
There are two main categories of child custody in Florida: Sole Parental Responsibility and Shared Parental Responsibility. Under either, there is a plan to determine how much time the child will spend with each parent, which is referred to as the Parenting Plan. The standard for any child custody determination in Florida is the best interest of the child.
Child support in Florida is calculated pursuant to the statutory guidelines and is based on the net incomes of the parties. Child support cannot be waived by either parent as it is the right of the child. Child support is a separate issue from visitation, meaning that a parent is still obligated to pay child support even if they are being denied visitation with the child and a parent cannot refuse visitation to the other parent on the basis of non-payment of child support.
Some aspects of a Final Judgment in family law are modifiable, including custody, child support, visitation, and some forms of alimony. In most cases, you must prove that there has been a substantial change in circumstances since the Final Judgment was entered, such as a change in income, a relocation, or a change that now makes a modification of custody and/or visitation in the best interest of the minor child.
If a party is not abiding by the court order, that order may be enforced. Depending on the circumstances of the case, the violating party may be held in contempt by the court and may be ordered to pay the other party's legal fees and costs.
In Florida, a strict statute exists that specifically addresses parental relocation with a child. A parent in Florida seeking to relocate with his or her child more than 50 miles away may need the assistance of an experienced family law attorney to assist them in following the legal requirements of Florida's relocation statute if same is applicable to their case. Serious consequences can occur if a parent who is subject to this statute relocates with their child without abiding by the provisions of this statute.
We provide high-quality, personalized representation in a comfortable atmosphere. You will receive compassionate legal guidance throughout your divorce, custody concerns and authoring a new will after the divorce is final. Contact us for a free consultation. Our offices are open 8:00 a.m. - 5:00 p.m., Monday - Friday. For your convenience, we accept Visa, MasterCard and Discover.
|
| McGinnis Law Firm, P.A. Mailing Address
|
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2010 by McGinnis Law Firm, P.A. ATTORNEY AT LAW & CERTIFIED FAMILY MEDIATOR. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
