What is family law?
Also known as matrimonial law, this is an area of law that deals with family issues and domestic matters. Specifically, in our family law Fleming Island FL practice, we cover divorce, child custody law, spousal and child support, alimony, equitable distribution, relocation of children, and paternity. Contact us today we are the best Family Attorney located near you!
Find out more about these specific areas by clicking on the corresponding topics below.
Divorce, which is formally known as dissolution of marriage, is never an easy option. It is one of the hardest roads a family can travel. However, when it becomes necessary, you need an attorney who truly understands the seriousness and legal complexities of the situation. The family law attorneys of Fleming Island Law Group PLLC will help you protect both your rights and the rights of your minor children throughout the legal process. It’s also important to note that, if you are or have been in a non-marital relationship and have a minor child or children as a result, you may also be entitled to certain rights regarding custody, visitation, and support.
Child custody disputes primarily involve disagreements over who will be the primary custodial parent. However, there are many other issues to consider. Who will make the medical and educational decisions for the child? What will the child’s religion be? There are also many other issues, including those involving the child’s grandparents. Determining child custody and time-sharing can be a difficult matter to deal with alone. That’s why Fleming Island family lawyers of Fleming Island Law Group PLLC are here to help. We understand that, under normal circumstances, it is desirable for both parents to stay involved in the child’s life. However, there are exceptions to this rule, such as when a child may be harmed by one of the parents. We will press forward with your concerns to protect the welfare and stability of your children.
Equitable distribution is the process whereby a married couple has their assets and liabilities divided, either by agreement at mediation or by order of the court at trial. Some assets are considered marital assets, and others are considered premarital or extramarital assets. An example of a premarital asset is a piece of real estate that one spouse owned before the marriage. Generally, premarital assets are not a part of equitable distribution. However, there are some exceptions that may give a non-owning spouse some rights to a portion of the value of premarital assets. An example of an extramarital asset is an inheritance that a spouse receives from a relative during the marriage. As long as the proceeds of any extramarital assets are not commingled with marital assets, the non-owning spouse has no claim.
The laws governing equitable distribution can be confusing and overwhelming, which is why the lawyers of Fleming Island Law Group PLLC are here to help you.
A paternity action is available to a mother who wants to establish that a certain individual is the father of her child. In a paternity action, the putative father is served with a petition to establish paternity. When served with the petition, he can either admit or dispute that he is the father. If he disputes it, the court will order him to submit to a paternity test to determine whether or not he is the father.
If paternity is proven, the court will typically order child support payments, which can be awarded retroactively for up to two years before the paternity petition is filed. However, the father will be entitled to time sharing with his child, and the court will establish a time sharing schedule if the parties cannot agree on one.
Whether you’re a mother wishing to establish paternity or an alleged father wishing to dispute it, Fleming Island Law Group PLLC is here to help you.
Alimony, otherwise known as spousal support, is dependent on a number of factors under Florida law. How long have you been married? Is there a financial need for the support? Does the other spouse have the ability to pay? These are just a few of the factors considered by Florida courts when determining the amount of alimony to be awarded to one spouse and to be paid by the other.
There are three types of alimony: permanent alimony, rehabilitative alimony, and durational alimony. Permanent alimony is to be paid forever or until the beneficiary spouse remarries or cohabits with another in a supportive relationship. In marriages of 17 years or more, there is a presumption that permanent alimony is to be awarded if there is a financial need and an ability to pay. Rehabilitative alimony is to be paid for a period of time to enable a spouse to pursue their education and improve their income potential. Durational alimony is to be paid for a period of time to be determined by the court. Alimony is typically tax-deductible for the paying spouse and taxable to the beneficiary spouse.
In Florida, child support amounts are typically based on Florida’s child support guidelines, which are generated by a computer program used by the court. At Fleming Island Law Group PLLC, we use the same program the court uses to calculate the appropriate amount of child support. However, special circumstances can alter the amount of support. We understand these issues and are here to help you.
Florida law prohibits one parent from relocating more than 50 miles away from the marital home county unless the non-relocating parent consents or the relocating spouse obtains court permission to do so. Obtaining court permission to relocate with a child is a complicated process, and there are many factors the court considers in making such an important decision. If you’re faced with the agonizing issue of child relocation, whether it be seeking one or defending against an attempted one, the family lawyers in Fleming Island FL of Fleming Island Law Group PLLC are here to help you.
An act of domestic violence by a spouse or non-marital partner can result in the issuance of an injunction by the court. This could result in one of the spouses or non-marital partners being removed from the home and required to live elsewhere for a certain amount of time. If you are a victim of domestic violence, we can help you obtain such an injunction. If you have been accused of domestic violence, we can help you defend your rights.