FAMILY LAW

FAMILY LAW

From personal experience, I know the stressors that dissolving a marriage may bring especially when there are children and property involved. Facing a divorce and other legal family issues may be one of the most emotional and difficult times of your life.  With so much at stake, you need an advocate by your side who truly understands and helps protect your rights during this process.

 De La Torre Law Firm, P.A. will help you get the best results possible under the law. We handle family matters involving divorce (contested or uncontested), spousal support/alimony, child relocation, child custody and time-sharing, division of assets and liabilities, paternity and child support, and prenuptial and postnuptial agreements.  On issues related to child support or alimony, it is important to account for all relevant factors before payments are calculated.  I make sure those amounts are determined fairly whether you are the one who may be entitled to the payment or you are the one paying it.

My focus is to treat you with compassion while providing you with invaluable information you may need to make the best decisions for your family’s well-being. While I strive to resolve matters amicably, make no mistake – I will litigate your case if necessary and aggressively fight to protect your best interests. Don’t go through this arduous and stressful process alone.  Call for a consultation!

 

Common questions in family legal disputes.

Can paralegals practice family law in Florida?

You may have someone help you with a packet, or fill out forms; however, you and that person have the responsibility to let the court know that you received help. If a non-lawyer helps you with your packet you should include that person's information where requested on the form(s).

Nevertheless, paralegals are NOT attorneys and non-attorneys cannot give legal advice. You should speak with a divorce lawyer who is licensed in the State of Florida. If a paralegal gives you legal advice, then that paralegal is engaging in the unauthorized practice of law, which is a crime.

In other words, if the person is not an attorney, it is very important that they do not provide guidance or advice regarding the content of the forms.

 

Are family law cases public records?

Family law cases are much more private than the average civil or criminal case. In a family law matter, like a divorce or child custody dispute, much of the information presented to the court is restricted and is not available to the public. For instance, health care records and financial documents like tax returns and bank statements are usually kept confidential. Also, reports which may be used in the case, like parenting evaluations, domestic violence reports, and guardian ad litem reports are usually sealed.

Additionally, most information relating to children is kept out of view of the public. Children’s names and contact information is usually kept confidential in all types of family law cases, as are most records relating to adoption.

If there is information that a couple does not want to make public during a divorce, one of the parties must request that the judge seal the record either in full or in part. However, if a person needs to see confidential information, that person will need to either move to unseal the entire case or file a motion asking for access to the case records. The judge will hold a hearing on the motion and will determine whether or not to grant access

 

Can family law decisions be appealed?

Not everyone is satisfied after a judge makes a ruling during a family law or divorce case. Often, parents and spouses wonder if they have the right to appeal an unfavorable decision to a higher court. While in some situations an appeal is warranted, it is usually difficult to overturn a ruling without solid evidence that the judge in the case made a mistake.

Appellate courts will usually only hear appeals that come from final orders. If the order is only temporary, then the appellate court must grant the person permission to bring the appeal to the court.

In most cases, however, the only appealable orders in a divorce case will come when the case is over. Typically, this means the final divorce decree

 

How does divorce work?

In Florida, a divorce is called a “dissolution of marriage.”

Florida is one of the many states that have abolished fault as a ground for dissolution of marriage. The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. The reason for the irretrievable breakdown, however, may be considered under certain limited circumstances in the determination of alimony, equitable distribution of marital assets and debts, and the development of the parenting plan.

 

What divorce settlement am I entitled to?

You are entitled to the full agreement you entered into with you ex-spouse, ideally an agreement that addresses all issues, which may include a parenting plan, division of their assets and debts, alimony, child support, attorney’s fees, and costs.

 

Can a divorce lawyer represent both parties?

Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client, or a third person.

Therefore, one lawyer cannot represent both spouses because it is impossible to represent the interests of two people who have conflicting goals. Even if you think your goals are the same, lawyers are ethically prohibited from representing both parties in a divorce.

 

Can child custody be reversed?

The movant seeking modification of custody must show both that the circumstances have substantially, materially changed since the original custody determination and that the child’s best interests justify changing custody. Furthermore, the substantial change must be one that was not reasonably contemplated at the time of the original judgment. 

Can child custody be included in a prenup?

Prenuptial agreements can include many things, but only a court in Florida has a final saying in matters of child support. Therefore, a prenuptial may not include a waiver of child support, custody, and visitation — rights regarding child support, custody, and visitation cannot be waived under Florida law in a nuptial agreement and, therefore, should not be included in such agreement.

 

Can a child custody case be moved to another state?

This is usually established by the place of residence of the child, in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by Florida and 48 other states. Under Florida law, a Florida court can make an initial child custody ruling if Florida is the “home state” of the child on the date the proceeding involving child custody issues was commenced. In addition, a court can rule if Florida was the “home state” of the child within six months before the proceedings were initiated and, despite the child being presently absent from Florida, if at least a parent or person acting as a parent continues to live in Florida.

 

Can I move with my child?

Often one of the parents decides to move and take the children. There are many reasons why this can happen, from employment to being closer to family, to moving in or with a new lover. Whatever the reason, these cases are among the most bitter and contentious in family law, partly because the stakes are so high. As a result, if you are facing this possibility, you should immediately contact me at 786-379-0232. Failing to do so could literally mean losing the right to be with your own children.

 

Why file for child custody?

It is important to file for child custody in Florida in order to have a saying over your child, to make health decisions, travel decisions, and all decisions. If the child is a child that is not your own, but that lives with you, then you may qualify for temporary custody, which would allow you to make all the important decisions over the child.

 When you both agree on a new parenting plan. What is the easiest way to change your time-sharing arrangement? Find a schedule that satisfies both you and your co-parent. When you both agree on a change, modifying a time-sharing arrangement can be an easy process. The only trouble comes when two parents are arguing over the right to see a child or to be the child’s custodial parent.

After filing a protective order. If you or your child is in danger around your co-parent, you should call us immediately at 786-379-0232. You may have to file a protective order with the courts. Protective orders are temporary but can provide emergency relief if you are feeling threatened by your ex. In the protection order, a judge may demand that custody of the child be handed over to the other parent, or grant sole custody until the protection order is lifted.

 In the past, a non-custodial parent would have to prove that a child staying with a parent would be “detrimental” to their well-being. Currently, in addition to “substantial” changes, you want to prove that this change in circumstances is a material change, and was unanticipated by either party.

 The following situations could, hypothetically, fit all three of Florida’s guidelines for changing time-sharing arrangements:

• The parent develops an addiction and cannot financially care for his or her child
• Moving out of the state without consulting the court
• The parent’s behavior caused a dramatic change in the child’s physical health, mental health, or overall wellbeing
• The parent consistently goes against the parenting plan developed when time-sharing was initially decided

With these broad guidelines, your best bet for getting the results you want is to contact us and make a serious case against your co-parent. I can use my experience in family law to prove your abilities and importance to your child as a custodial parent and get the time-sharing plan that best suits your life and benefits your child.

For more information, give me a call. 786-379-0232

 

Can child custody be 50 50?

Child custody can be 50/ 50, but not by default. Instead, a judge has to make a determination of custody by considering all the factors that are going to affect the child’s welfare and interest.

How does alimony works in Florida?

The court begins making decisions on a request for alimony by considering the facts of the case to determine whether the spouse requesting alimony meets the standard to show the alimony is necessary. If there's a need for alimony, the court has to also determine whether the other spouse has the ability to pay. Unless there are some kind of exceptional circumstances, a court won’t award alimony if it would leave the paying spouse with significantly less net income than the recipient. A judge who finds both need and ability to pay next must consider all relevant factors in deciding what type of alimony to award and for how long. 

A court may also consider whether either spouse committed adultery during the marriage, and under what circumstances. Courts are most likely to take adultery into account when one spouse's affair caused the other financial harm. For example, if one spouse bought lavish gifts for a paramour using marital funds, the court might factor that into the alimony award.

Florida law applies certain presumptions with regard to the length of marriage and eligibility for permanent alimony. Following a marriage of at least 17 years, a judge may award permanent alimony if such an award is appropriate in light of the above factors. After a marriage of between 7 and 17 years, there must be clear and convincing evidence of appropriateness to justify the award. After a marriage of fewer than 7 years, permanent alimony is appropriate only in exceptional circumstances. A marriage lasts until the spouses actually file for dissolution, not when they informally separate or stop living together.

Modification or Termination of Alimony

Unless the spouses have made a specific written agreement about when alimony ends or under what circumstances it can be modified, when and how an alimony award can be modified depends on the type of alimony. 

What Alimony am I entitled to?

Florida law provides for five different types of alimony: temporary, bridge-the-gap, rehabilitative, durational, and permanent. A judge may award these different types of alimony in any combination that seems fair under the circumstances. Alimony can consist of periodic payments from one spouse to the other, or less commonly, a single lump-sum payment. Spouses can always agree between themselves on different terms and conditions of alimony, including giving up alimony entirely, usually in exchange for some other valuable type of property

 Which spouse pays alimony?

The courts generally require the spouse that makes the most money—whether that is the husband or the wife— to assist the other spouse in maintaining the marital lifestyle for at least some period of time following a divorce.

 What is alimony?

Alimony is money that one spouse pays to the other for support during the divorce process or for some period of time following a final divorce.

The dissolution of marriage in Florida is governed by Florida Statute Chapter 61.

Have more questions Call Now!!! 786-379-0232