What is Family Law?
Family law focuses on resolving legal issues involving family relationships and conflicts. In today’s society, family law continues to evolve at a very fast pace and is becoming more and complex. The vast and varied issues pertaining to family law can create some of the most emotional and combative disputes and the legal processes involved can be very confusing. If you are facing a change in your domestic situation, it is now more important than ever to have the best possible legal representation.
Staack, Simms, & Reighard, PLLC is a client-focused, progressive, and experienced law practice with the knowledge and expertise to take on even the most intricate and unusual cases. The most common family law issues pertain to divorce and child welfare, but keep in mind these practice areas are becoming much broader as they include many issues that individuals and families face today, that may not have even been thought of just a few years ago. Let’s discuss some of the family law issues we are currently seeing.
Divorce, Domestic Partnerships, Spousal Support, and Alimony
No two divorces or dissolutions are ever the same. It is an extremely personal situation and each has its own unique challenges. Undergoing a divorce or severing a relationship is probably one of the most difficult experiences that a couple or family can face. Emotions usually take over and make it impossible to settle issues calmly and reasonably. A family law attorney can act as a mediator or negotiator and approach the issues rationally and within the law to bring the matter to its best conclusion. Our practice includes representation for contested and uncontested divorce, collaborative divorce, military divorce, high-net-worth divorce, and same sex divorce.
In all situations there will need to be a financial disclosure and an agreed upon distribution of assets and debts. Some situations may warrant financial support to one of the spouses/parties, either as a lump sum or structured payments. Florida operates under the laws of “equitable distribution” in divorce proceedings, however, “equitable” does not necessarily mean equal and is open to interpretation. In divorce cases, courts will consider the length of the marriage, the education and earning power of each of the parties, each party’s financial and non-financial contribution to the marriage, and the health of each party. No matter what your domestic situation is, you deserve the highest level of expertise and representation to protect your rights as you reach a settlement agreement.
Child Welfare
There is considerable emotional toll and complexities when dealing with the many aspects of child welfare. Staack, Simms & Reighard, PLLC represents clients in the areas of custody, support, paternity and legitimation, parental kidnapping, gestational surrogacy agreements, and adoption. When a couple separates or the mother and the father of the child are in conflict, one of the most difficult issues to handle is what happens to the children. While issues of child custody, visitation, and support are frequently a part of divorce proceedings, these issues may also arise in connection with paternity and legitimation cases.
In most instances, courts apply the “best interests of the child” standard in resolving any type of child welfare issue. Many circumstances will be considered including living conditions, employment and income, and the physical and mental health of the parents/parties. Also in consideration will be their respective relationship with the child as well as each party’s ability to meet the needs of the child. In deciding what is in the child’s best interest the court may also consider the age of the child, the child’s health, and any special needs that the child may have.
Child support conflicts most often arise in connection with actions for divorce, paternity, and legitimation. Florida has guidelines governing how much child support must be paid, but again, there are exceptions to what is considered adequate. A family law attorney will be able to clarify the legalities and help determine what financial responsibilities are within the law.
Prenuptial and Postnuptial Agreements
A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union, while postnuptial agreements are entered into after the event. Although the content of such contracts may vary from one case to another, the main goal is to define provisions of support and division of the property in the event of a breakup or a divorce. As family law attorneys, we help negotiate and draft these types of agreements and will also handle any matters that may arise from them.
Litigation
Attorneys practicing family law represent their clients in a variety of family court proceedings and in related negotiations. A family law attorney will prepare important legal documents including court petitions and property agreements, litigate contested matters, and negotiate for the best interests of their clients.
Although family attorneys can help their clients to settle family disputes outside of court, some of these matters
still do end up in the courts. In such cases, family lawyers are best suited to help litigants get justice. The attorneys of Staack, Simms & Reighard, PLLC have the necessary legal knowledge and practical experience to help litigants navigate the complexities of family law and ensure that justice is served accordingly.
We are well aware that sometimes personal situations change and previous agreements may need to be revisited. If you find yourself in that position, our firm is here to discuss options with regard to enforcement or modifications to prior financial commitments, custody situations, paternity testing, or any number of other factors that may be unique to your case. We will make sure that the best resolution is reached.
Other Conflicts
Family law is a very broad area and often intersects with other legal practice areas including criminal investigations of child abuse, domestic violence, stalking, and protective orders. Our firm is well-positioned to help you with those matters as well.
Family Law Matters to Us
Dealing with family law issues can be a highly charged and difficult time for all concerned and it’s not the time to try to go it alone. The importance of family law attorneys cannot be overemphasized. We help our clients rationally handle family disputes that would otherwise be distorted by misinformation and emotions. No matter what you are facing, don’t be afraid to seek representation. Attorney-client privilege is designed to ensure that you can be candid with your lawyer and we cannot disclose what you tell us in confidence.
Staack, Simms, & Reighard, PLLC are top Tampa family attorneys resolving legal matters with a rational and personalized approach. We are a proven, highly effective law firm and always keep our client’s goals and best interests at the forefront. Our vast array of legal skills to represent you and litigate on your behalf, combined with our ability to resolve disputes and manage emotionally volatile situations will give you the confidence and peace of mind you deserve.
Get experienced, professional, savvy representation for your family law concerns. Reach out to us today.
Staack, Simms & Reighard, PLLC