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Family Law Attorney Winter Garden FL


Experienced Attorney

A Focus On Helping Clients

A Family Attorney With A Proven Track Record

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In Florida, divorce is often described as the dissolution of marriage. The only requirement to petition for divorce is for one individual in the relationship to prove the marriage is "irretrievably broken." This is considered a no-fault divorce because it doesn't require one of the parties to be responsible. Validation for a no-fault divorce is as follows:

  • 1. You must substantiate that the marriage exists.

  • 2. You must confirm that the marriage is beyond repair.

  • 3. One person in the relationship must have a minimum of six months of Florida residency.

Sometimes a couple will come to a settlement agreement in the divorce. When one or both parties can't come to an agreement on the settlement terms of the divorce, then the court will order a hearing. Things that the court will take into consideration include:

  • Marital assets and debts - property belonging to both spouses such as vehicles, bank accounts, and debts accrued during the marriage.

  • Child custody and parenting responsibilities - court-ordered responsibilities for any children involved in the marriage.

  • The division of properties - marital property such as buying a home together.

  • Spousal support - alimony awarded to the spouse who has a need.

Divorce is one of the most stressful situations an individual can experience. Oftentimes, people are uninformed of their legal rights and obligations. Only a Florida family law attorney can provide legal advice. Florida statutes and the law of the court must be followed accurately or you risk losing rights permanently.

A family law attorney that specializes in divorce is trained to offer legal advice, assist in court proceedings, and negotiate with your spouse's attorney.

Child Support is a legal obligation that is shared by both parents covered under Florida child support laws (Florida Statute 61.30). The statute dictates child support guidelines. Child support guidelines indicate how much support is calculated, modifications, and enforcement. A couple can either present a child custody agreement or have a judge create a legally enforceable plan during a divorce.

Circumstances are forever changing daily in our lives. When financial situations change then a child support modification may be necessary. Other types of support modifications include time-sharing responsibilities.

Paternity may also play a role in child support disputes. If there is no voluntary acknowledgment of paternity, each party may proceed to court to establish paternity. Once the court establishes paternity, child support can be ordered. A judge may also determine:

  • Time-sharing responsibilities

  • Parenting time

  • Health insurance for children

  • Fees paid for court proceedings

If there are no determinations made for the child, Florida law assumes the responsibility will be exclusively the mothers in considerations for parenting, time-sharing, and decision making. Judges have the sole discretion when ruling on children's welfare which makes family law an extremely sensitive area of law. Pursuing legal assistance for custody disputes will help soothe the legal process.

Spousal support is also known as alimony. Alimony is ordered by a judge for financial assistance after a divorce. The primary purpose of alimony is to provide spousal maintenance relative to the income of each spouse. Other considerations for alimony include:

  • The earning capacity of both parties

  • The health and age of each spouse

  • The length of the marriage

  • Financial resources available to each party

  • The source of irreparable damage to the marriage

There are different types of alimony in Florida defined under (Florida Statute 61.08). The alimony received is determined by the conditions related to the marriage. When it's time to modify alimony, you may want to speak with an attorney if you think you are eligible. One needs to prove their circumstances have changed to petition for a modification..

After a divorce, you may want to consider changing the provisions of your will. Your spouse was probably your beneficiary but now you're no longer together. Making corrections or creating a new will can be very important in case the unexpected happens. A family law attorney can help guide you through this difficult process.

The effect divorce has on a family is tremendous. Each case in family law is determined on an individual basis. Because family law is based on case law, legalese is hard to follow. Attorney Jason G. Smith can provide expert legal service with compassion. Call today for a free consultation!

Estate Planning Lawyer Clermont

The Law Office of Jason G Smith offers versatile guidance for the most difficult legal issues life throws at you. The firm knows that family law matters can be a major disruption in your life and are ready to help you resolve your matter efficiently and effectively so you can move forward. The Law Office of Jason G Smith serves clients throughout the greater Clermont area.

At The Law Office of Jason G Smith, you will work hand-in-hand with a skilled family attorney, who will always give you honest advice about the options available to address your legal problem. Let the firm put many years of experience to work helping you move forward and leave your legal troubles behind. The Law Office of Jason G Smith works hard to provide you with the skilled representation you can trust.

The mission of the firm is to guide you through the complexities and options of your process in a manner that protects your interests and preserves the emotional health of your family. The Law Office of Jason G Smith understands how difficult estate planning matters can be. That is why an attorney will take your needs into account and provide the guidance necessary at each step to clearly outline your options.

The legal process can be difficult, but with The Law Office of Jason G Smith, you will get a thorough explanation of the process and its potential results. With many years of practice, the firm has developed a unique understanding of estate planning cases. Call today to see how the firm can help your case.

The Law Office of Jason G Smith
232 S. Dillard St.
240
Winter Garden, FL 34787
(407) 347-4333

Related Articles: Estate Lawyer Leesburg FL, Custody Attorney Mount Dora FL, Divorce Attorney Mt. Dora FL, Divorce Forms Attorney Crescent City FL, Divorce Forms Attorney Eustis FL, Divorce Forms Attorney Leesburg FL, Legitimation Attorney Crescent City FL, Legitimation Attorney Ocoee FL, Modification Attorney Deland FL, Will Attorney Clermont FL,

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