Overview of Family Law in Florida
In addition to divorce, the most common family law issues pertain to parenting plans, child and spousal support, the division of marital assets, guardianship, child protection, and estate planning. However, family law is a very broad practice area and often intersects with other legal practice areas including criminal investigations of child abuse, domestic violence, stalking, and protective orders. The vast and varied issues pertaining to family law can create some of the most combative disputes. The legal processes involved can be very confusing. Since these family law matters are so personal, it is vital to work with trusted legal professionals. Staack, Simms & Reighard, PLLC specializes in Florida family law and will ensure that you and your loved ones are properly represented and protected.
Divorce
In Florida, a divorce is formally called Dissolution of Marriage. Florida is a “no-fault” divorce state, which means one does not need to have grounds or reasons for the marriage ending. In a Dissolution of Marriage with Property, parties are required to provide full disclosure and documentation of assets and finances. Additionally, in a Dissolution of Marriage with Minor Children, Florida statutes mandate that both parties attend a parenting class before issuing a divorce. The class instructs on court procedure regarding parental rights and responsibilities, child support enforcement, and parenting time-sharing. Depending on the situation, the distribution of assets and support can become a major issue during divorce. These issues can create complex and daunting financial obligation. It is always advisable to consult a family law firm when considering divorce.
A Simplified Dissolution of Divorce is an uncontested divorce and can only be granted if both parties agree on all the divorce terms, there are no minor children, there is full agreement on how to divide assets and finances, and no party is seeking support. Even in a simplified divorce, to protect your interests, it is best to be represented by your own attorney.
No two divorces are ever the same. Our expertise includes contested and uncontested divorce, collaborative divorce, high net worth divorce, and same sex divorce. No matter what your situation, we will provide you with the high level of expertise and representation you deserve.
Disputes and Legal Matters Regarding Children
We understand the emotional toll and confusion for our clients when dealing with parenting plans, paternity, adoptions, and child support enforcement. Our firm provides the knowledge and experience to clarify a clear path forward. Parents should first try to develop co-operative arrangements before being heard in a court. Cases may include parties going through a divorce or between unmarried couples who have minor children. Florida law believes that both parents share parental rights and responsibilities, and that minor children have the right to have frequent and continuing contact with both parents when possible. If an agreement cannot be reached, or if there are outstanding issues, then a family law judge will decide the case. Judges uses the “best interest of the child standard” when looking at cases involving the upbringing of children.
Domestic Violence
Family law also includes cases addressing domestic violence and child abuse. Domestic violence is violence or physical abuse that occurs between a spouse, an ex-spouse, current or former romantic partner, or any blood relative. There are many different types of domestic violence situations. Law enforcement, legal aid, or social workers may also become involved in the case. Whether you are seeking protection for yourself or your child, or you are defending against an allegation, an experienced family lawyer should be at your side.
Estate Planning
You may not have thought about what would happen if you pass away before you have had a chance to do proper planning. Without an estate plan, the courts could decide who manages your estate, how assets will be divided, and even who cares for your children. The value of your estate could be greatly reduced by tax ramifications. In addition, it’s important to have documentation so that your loved ones know your intentions and won’t make decisions based on erroneous ideas of what they think you would have wanted.
Skillful Florida Family Law Practice
In today’s society, family law continues to evolve at a fast pace and societal circumstances are becoming more and more complex. It’s critical to have the best possible legal representation whether you are facing a change in your domestic situation, or are serious about the protection of your assets. Staack, Simms & Reighard, PLLC is a premier group of family attorneys with expertise in divorce, prenuptial and postnuptial agreements, spousal support, all aspects of child welfare including parenting plans, support, paternity, and adoption, as well as a wide array of estate planning and asset protection services.
In addition, as attorneys, 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 counsel you as to your legal rights, draft important legal documents including court petitions and property agreements, litigate contested matters, and always negotiate on behalf of your best interests.