Prenuptial and postnuptial agreements must be carefully drafted to protect you from the foreseeable and unforeseeable consequences of divorce. Unlike many prenuptial agreements you can easily upload online and through legal websites, we make sure to provide a unique, individual prenuptial agreement that is tailored exactly to your specific situation and goals. This allows the prenuptial agreement to much more likely hold up in court. Some generalized prenuptial agreements fail to have the relevant language/legalese and individual content that your matter really needs. Everyone’s assets, liabilities and what they wish to bring into, and keep out of their marriage are different. Our prenuptial agreements provide you that peace of mind. These are affordable and are often a must, especially for blended families.

In some cases, a judge may order that alimony be paid by one spouse to another. The judge will look at how long the couple was married, the age and health of the parties, the income earning and job training of the parties, and the degree to which one spouse contributed to the other’s education and earning ability. Alimony may be ordered for any period of time from a few months to life. Non-payment of alimony may be contempt of a court order. A conviction of contempt may result in severe penalties. Alimony can be changed later by court order when there has been a change in financial condition, or other variables. Florida recognizes a number of different types of alimony that are designed to fit various circumstances. It is important to understand the different forms of alimony, as they could have a substantial impact on one’s finances.

Child custody applies to parents who are married or unmarried. Any parent has the right to seek custody of a child, even if the parents were never married. A parenting plan sets forth the terms for each parent’s time with the child and defines the authority of each parent to make decisions for the child.  If the parties cannot agree, a judge will decide in a divorce proceeding, paternity proceeding, or a separate custody proceeding. In a sole custody situation, one parent will have physical custody (the child will live with him or her) and legal custody (control over the child’s life decisions, such as where the child will attend school, and what medical treatments he or she will receive). Generally each parent will have the right to regularly see the child and often the right to make certain decisions on behalf of the child. In some cases, a child might alternate residences between the two parents. A joint or shared custody arrangement requires that the parents be able to work together.  As a general rule it Is much better for a child if both parents are actively involved in the life of their child.

A parent who has a child must generally pay to support the child. Child support is appropriate even if the parents were not married when the child was born. It is not necessary that a couple be married for a judge to order child support. In divorce cases, the court will usually order one parent to pay child support to the custodial parent. The amount of child support ordered depends on the incomes of the parents, the number of children, and other factors. Child support amounts can be changed later (increased or decreased) by court order when there is a change in the financial condition of one or both of the parents. After a child support order is in place, child support should be paid each month by the obligated parent until the order is changed. This is true even if the obligated parent loses a job, gets fired from a job, or refuses to obtain employment. Nonpayment of monthly child support may be grounds for a contempt of a court order. A conviction of contempt may result in severe penalties including a possible jail sentence.

Sometimes divorces require a working knowledge of other areas of the law including criminal law, bankruptcy, business litigation, criminal law, contracts, bankruptcy, real estate, business formation and litigation. Our office has the breadth of experience and depth of knowledge to advise our clients in all these areas. In a divorce, the parties must divide all their duties and assets. If they cannot agree, a judge will make decisions about division of property, payment of child support and/or alimony, custody of children, and parenting time. The party who wants to file a divorce petition will assist a lawyer to a great extent if the party can bring the following types of information to the lawyer (if the party does not have all of this information, the party should bring whatever information is available): a copy of the marriage certificate; birth dates and full names of both parties and the children of the marriage; copies of any prenuptial agreement; lists of the couples’ debt obligations; lists of the couples’ assets, including real estate, automobiles, and other valuable personal property; income tax returns; bank account and investment information; recent pay stubs for both parties; an accounting of one month’s family expenses; and an accounting of children’s expenses. All of these factors will be instrumental in determining division of assets, alimony, and child support.

Domestic Violence has impacted many of our fellow Floridians. It can be a dramatic experience when a loved one becomes violent. It can control your life both emotionally and financially. By the same token, there are cases in which one spouse or domestic partner falsely accuses another of domestic violence in an effort to try to get some perceived edge in a custody dispute.  In either case you should contact an attorney who can help you to work through the issues a further your goals.  There are a number of resources available to you – these resources may be able to ease the financial well as the emotional strain.   Then, there is the legal side of things – that is where we can help.  No one has the right to abuse anyone, ever.  No one has the right to misuse the system for personal gain.   This can be a messy area that you will need to navigate through and you should not go it alone.

Nothing in life ever stays the same. You may lose your job and be unable to pay alimony. Your spouse may remarry or may enter into a higher-paying job. Your child may have changing needs or may want to move in with the other parent. All these changes, and more, may give rise to the need to make custody and support modifications after your divorce.