AREAS OF PRACTICE
If these requirements are met, the parties may choose from one of two processes for obtaining a divorce in Florida, (1) regular dissolution of marriage, or (2) simplified dissolution of marriage.
Ms. Williams, a qualified Florida divorce lawyer can help you to navigate these potential options.
If you are considering filing for a divorce, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
Because every marriage and divorce is unique, Florida Statute 61.075 also allows courts to consider any other factor necessary to ensure that distribution of property is equal and just. However, this generally is limited to factors that affect the marital property itself, and does not include unrelated issues of fault such as adultery.
If you are considering filing for a divorce, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
Alimony payments are not a part of every divorce decree. In order for a judge to award alimony payments to a spouse, that spouse must show that there is need for alimony and that the paying spouse has the ability to make the alimony payments. A spouse can prove there is a need by showing that he or she will not be able to achieve his or her former standard of living after considering income, as well as any proceeds from the equitable distribution of the marital assets.
If you are considering filing for a divorce, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
Similarly, a parent receives certain legal rights and is entitled to be involved in legal decisions regarding the child, to obtain child support, and to receive visitation or custody.
In contrast to establishing paternity, a paternity petition may also be used to contest an allegation of paternity when a male believes that he is not the father of a child. This petition must be served on any current legal guardian of the child and must include an affidavit from the father alleging that he is not the biological father of the child and that new evidence supports his contention. As with establishing paternity, a disestablishment of paternity will typically rely on the results of genetic testing.
If you are considering filing for paternity or other child related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
In Florida, any parent who resides in the state may petition the courts for child support and the amount of child support to be received is based on child support guidelines provided within the Florida Statutes. These guidelines consider numerous factors in calculating child support, including, number of children, combined net monthly income of the parents, cost of daycare, health insurance requirements for the child, number of nights each parent spends with the child based on the parenting plan.
When one parent fails to make required child support payments, there are several options available for enforcement of a child support award. A court may hold the parent in contempt, suspend the parent's driver's license, or place a lien on the parent's property. The Court may also empower the Florida Department of Revenue to take action.
If you are considering filing for paternity or other child related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
Child custody may be either shared or sole custody. The Florida courts have a strong preference for shared custody arrangements, also known as "time-sharing" unless there is evidence to suggest that shared custody would not be in the best interests of the child. PARENTING PLANS
In Florida, parents have the option to agree on a parenting plan outside the courtroom, which establishes the timesharing schedule for the parent's ad addresses how parental responsibilities, including legal decisions, will be handled between the two parties. The time-sharing schedule sets forth the time that each parent will spend with their children during the week and during the weekends, as well as where they will sleep each night. These schedules also address where children will spend their time during school breaks, long weekends and on holidays.
If parents are able to agree on a parenting plan through negotiation, they can submit the plan to the court, where it will be approved as long as both legal and physical custody have been adequately addressed.
If you are considering filing for paternity or other child related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
South Florida marital and family law attorney Suzanne E. Williams has the experience and knowledge to represent you in all these matters.
If you are considering filing for paternity or other child related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
If you are considering filing for modification or other family related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
Just because an order is entered by a judge, does mean the party ordered will comply with it. For this reason, Florida law gives the judge entering an order continued jurisdiction over these cases in order to ensure that the parties comply with all rulings. When required, Florida judges have the ability to enter monetary judgments, garnish wages, place liens on property, and suspend professional and/or driver's licenses.
If you are considering filing for contempt or other family related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
Domestic violence in Florida has two basic elements. There must be some act whether an overt act or merely a threat-and that act must be committed against a person with whom the actor has a familial relationship.
Many acts, even if they are not necessarily violent in nature, can be considered acts of domestic violence. For example, the State of Florida considers the following to be acts of domestic violence: Battery, aggravated battery, assault, aggravated assault, sexual battery, sexual assault, stalking, aggravated stalking, false imprisonment, kidnapping, or any other criminal offense resulting in physical injury or death.
Restraining orders are legally binding documents that require one party to stay a certain distance away from the party applying for the restraining order. Victims of domestic violence, or those in fear of imminent domestic violence, can petition the court for a restraining order. Restraining orders can give victims of domestic violence the peace of mind that the force of the law is behind them and their safety.
If you are considering filing for domestic violence or other family related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
Florida residents may seek to have their name changed for legal reasons, such as marriage or a divorce, or for more personal reasons such as a significant life event. In Florida, any individual is entitled to a name change as long as they (1) have never been arrested or found guilty of a crime; (2) have never been declared bankrupt; (3) do not have any money judgments against them; and (4) are not seeking to change their name for an ulterior or illegal purpose. All name changes must be filed in the county where the individual resides.
In Florida, changing your name because of a recent marriage or divorce is a much simpler process than attempting a name change for another reason. After an individual is married, they will receive a certified marriage certificate. Similarly, after a divorce, one can obtain an official divorce decree. These two documents serve as legal justification for a name change and can be used to notify the appropriate Florida government agencies of your new name, including the Department of Motor Vehicles and the Social Security Office.
Obtaining a name change for a purpose other than marriage or divorce requires the filing of a Florida Petition for Change of Name of an Adult.
Additionally, the petitioner must obtain state and federal background checks to accompany the petition and fingerprints from the Florida Department of Law Enforcement. All of this paperwork must be filed with the Florida courts.
The Florida courts may hold a name change hearing to consider a name change petition after all paperwork has been received. However, if there are no objections to the name change prior to the court date, a judge may grant the petition without a final hearing. Once the petition is granted, the petitioner will receive a Florida Name Change Judgment, which acts as legal documentation of the official name change and can be used to change a name with any of Florida's administrative agencies.
If you are considering filing for name change or other family related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
In determining whether the attorney's fees of one party should be "shifted" to the other, the court will consider a variety of factors including: (1) the parties' respective needs and ability to pay; (2) the relative financial circumstances of the parties; and (3) whether the awarding of fees and costs is reasonable.
Costs are separate from attorney's fees, and are comprised of the expenses the parties incur in bringing or opposing a lawsuit. Under Florida law, these amounts may be awarded to the prevailing party, and can include: filing fees for briefs, motions, and other documents submitted to the court; expenses incurred in relation to depositions of parties or other witnesses; court reporter fees; and other court costs.
Call us to schedule an attorney consultation for further information.
Prenuptial agreements can address a variety of issues such as distribution of assets, promises made between parties, how each party will be supported after a divorce, and child support and parenting responsibilities.
However, a prenuptial agreement may not include waivers of provisions regarding parental responsibility, parental support, or time-sharing rights.
Prenuptial agreements must be in writing in order to be enforced by a Florida court. Because it is important to take all necessary steps to ensure the validity of a prenuptial agreement and avoid later claims of fraud or coercion, it is important for each party entering into a prenuptial agreement to have an attorney who can inform them of their rights and review any agreement that is drafted. Additionally, prenuptial agreements are often non-modifiable and will not be invalidated simply because they are a "bad deal," thus it is very important to seek the advice of a qualified divorce attorney before signing a prenuptial agreement.
If you are considering a prenuptial agreement or other family related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
If you are considering a postnuptial agreement or other family related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
Domestic partnership contracts are basically property agreements. They say who owns what and how property the couple gets in the future will be treated. The most common piece of property warranting a domestic partnership agreement is a house. The agreements are particularly important if domestic partners have unequal ownership in property. Other than down payments, make sure you say who paid for what in closing costs, improvements, and repairs. The agreement can then reimburse the party who paid for these things.
Hiring a lawyer to help with drafting a domestic partnership agreement is a small cost compared to the immense savings in avoiding going to court about these issues should the couple separate.
These kinds of agreements are upheld in court and they are like an instructional manual for a judge to easily divide property.
If you are considering a domestic partnership agreement or other family related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.
The trustee should be required to inspect the pet on a regular basis to ensure the pet is being cared for properly and to verify that the pet is still alive.
As with all estate planning documents, the trust document should be reviewed periodically to ensure that the appropriate pets are cared for (i.e., add new pets acquired after the documents were executed and remove pets that may have passed away).
If you are considering a pet trust or other related matters, contact Suzanne E. Williams, a South Florida Marital and Family law attorney, for assistance.