Mon - Fri: 8:30am - 5:30pm
- 49 N. East Avenue, Suite C Sarasota, FL 34237
Family law in Florida governs the legal responsibilities and relationships between spouses, parents, and children. This area of law includes divorce (dissolution of marriage), child custody and parenting plans, child support, alimony, property division, paternity, domestic violence injunctions, and modification or enforcement of existing family court orders.
Florida is a no-fault divorce state, meaning a marriage can be dissolved without proving wrongdoing, based solely on the grounds that it is “irretrievably broken.” Courts prioritize the best interests of the child in custody matters and encourage co-parenting arrangements when possible.
Many family law disputes can be resolved through mediation, but litigation may be necessary in high-conflict or complex cases. Whether through collaboration or courtroom advocacy, our experienced Florida family law attorneys can guide you through the deeply personal and often emotional legal processes with both strategy and compassion.
If it feels like your marriage is at a crossroads, our network of trusted referrals may help you explore reconciliation—whether through counseling, time away together, or open, honest communication. But if divorce is the next step, we’re here to guide you through it—collaboratively, or through litigation when necessary. Let us handle the legal process so you can focus on rediscovering your passions, setting new goals, and building the foundation for your next chapter.
If you’ve recently been served with divorce papers, time is of the essence. Contact us now to discuss your options.
Under Florida law, fathers who have established paternity, have equal parental rights as mothers, regardless of marital status, as long as this is in the best interest of the child. Establishing paternity is crucial for asserting these rights, and can be done through a voluntary acknowledgment form or a court order. Once paternity is established, fathers can seek custody, visitation, and involvement in major decisions about their child’s life, including education, healthcare, and religious upbringing.
Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.
After the birth of the child, a parent may request a determination of parental responsibility and child support and for the creation of a parenting plan and time-sharing schedule pursuant to chapter 61, Florida Statutes.
Contact us today to learn more.
In Florida, a dependency case is initiated based on allegations of suspected abuse, neglect, or abandonment of the child(ren) within a home. The Department of Children and Families (DCF) investigates the allegations, and if it determines the child is at risk, they can remove the child from the parent’s or guardian’s custody. The court then conducts a Shelter Hearing within 24 hours to decide whether the child(ren) should remain out of the parent’s care. From this point forward, an uphill legal battle comprised of multiple planned and unplanned visits with a case manager, investigators and sometimes law enforcement personnel, ensues. Additionally, multidisciplinary team meetings (“MDT Staffing”) and court appearances are held when
any important decision is required to be made regarding the subject child(ren). If a dependency case has been initiated against you, it must be handled with extra caution, so that your family can be reunified, and without interruption, as early as possible. We are dedicated to get you there. We are here for the children, families and caregivers who need strong, compassionate legal support.
Under Florida law, during a divorce, the parties’ assets and liabilities are subject to equitable distribution, unless there is a separate legally executed agreement which was entered into by the parties in contemplation of a dissolution of marriage. A lawfully executed prenuptial agreement could dictate how property is divided when the marriage ends. Similarly, a lawfully executed marital settlement agreement could limit the areas of dispute for a judge to resolve.
If the parties do not have an agreement, under Florida Statutes Section 61.075, the parties’ assets are to be divided into two categories: (1) marital assets and liabilities and (2) nonmarital assets and liabilities. The statute defines assets and liabilities falling within each of these categories and establishes certain presumptions to assist in categorizing each asset and liability. The court then returns each party’s nonmarital assets to that party and then identifies, values and distributes the marital assets and liabilities between the spouses. Equitable distribution of marital assets is thus essentially a three-part process, consisting of the identification, valuation, and division of assets.
In distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:
(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.
You can count on us to craft your prenuptial agreement in contemplation of marriage or your settlement agreement in contemplation of divorce. Alternatively, we will fight for the assets you deserve.
Our attorneys have represented monied and non-monied spouses. A non-monied spouse might qualify for alimony, but this requires expert litigation if not agreed by the monied-spouse.
When determining an alimony award, there is no specific mathematical formula under Florida divorce law. Instead, the judge will apply a two-part test based on the details of each case:
(1) whether or not the party requesting alimony needs financial support;
(2) to determine if the other party can pay alimony. Both the need and ability to pay must be shown with evidence.
Types of Alimony in Florida
Under Florida divorce law, there are five types of award alimony. A judge may award any combination of these types of alimony payments, which may be made periodically or in one lump sum.
Term of years:
Call us today for a case assessment.
An injunction (sometimes referred to as a restraining order) is a court order that tells one person to stay away from and not contact another person. Unless the court order says otherwise, this means no contact by phone, email, text messages, letter, in person, or other method. An injunction can tell someone to stay away from the protected person’s home, car, work, and any other places that the court feels is necessary. This is done in civil court, not criminal court. So, the person who requests the injunction keeps the case going. An injunction does not ask the court to put the other person in jail, but if a person violates an injunction, he or she may be arrested and face criminal charges.
If you need protection, or if you’ve been served with a notice of hearing and/or a temporary injunction, give us a call today.
Call us for a free and confidential consultation.
49 N. East Avenue, Suite C
Sarasota, FL 34237
Signup for our latest news & articles.
