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Ending a marriage is almost always a difficult and emotional process. Your attorney needs to be able to sympathize with you, but also protect your rights and make sure that the legal system operates in your best interests.
With all of the legal skills needed in family law court, the most important aspect of any divorce case is still how you are treated by your own attorney.
Attorney Latino will take the time to listen to you, and will make sure that you are guided through Florida’s family law system in the most professional and responsive manner possible. You may be facing a virtual mountain of decision when it comes to whether or not you want a divorce, and what to do if you decide to move in that direction.
Among the many factors in a divorce action under Florida law are:
Restraining Orders
- You may have to decide whether or not you want a Restraining order against the other party. These orders are available under some circumstances to prevent the other party from doing anything from taking family assets to engaging in spousal abuse. They require at least one court hearing, and may take place even before the divorce is formally filed in court.
What Cause of Action is Best for You?
- Your best course of action may be either a contested dissolution (trial), or a simplified dissolution, in which the parties agree to all aspects of the divorce (or something in between where we go thru mediation and settle – what we mostly do). Florida does not have legal separation per se, but does have some provisions in the law that can be used to that effect. In addition, one of the divorcing parties must be a Florida resident for at least six months.
Child Custody
- In Florida, family law courts have stopped using the term "custody." Neither party will be "awarded custody," instead the courts will assign "parental responsibility" for the children, either shared or sole, and will generally put together a timesharing arrangement. It is always in the best interest of the children and the parents to try and work this out between the parties and their attorneys or in mediation – which is required in FL prior to any trial. However, if the parties cannot come to an agreement on timesharing the court, in trial, will assign which days the children reside with which parent.
Child Support
- Florida has a sliding scale of income that determines child support amounts, which if necessary are then deducted from the appropriate paycheck through an income deduction order.
Property Division
- Florida is an "equitable distribution" state, which is different from the concept of "community property" in a state like California. Simply put, courts will determine what is fair to each of the parties, and write an order accordingly. It is a fair proposal that most people would rather negotiate a property settlement than let a court decide who gets what, and so we emphasize coming to a settlement on these issues before any potential trial happens.
Alimony / Spousal Support
- Many, if not most, divorces do not involve alimony (now called "spousal Support"). This issue is always decided on a case-by-case basis, and is based on length of marriage, comparative income, professional skill sets, and many other factors.
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