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Family Law Attorney Winter Garden FL


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A Focus On Helping Clients

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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!

Will Attorney Deland

Family law matters often create significant personal and financial challenges. Sometimes, just knowing that you have a dedicated and knowledgeable advocate on your side can provide a tremendous source of relief and confidence during such a difficult time. You can find the strong advocate you want in the Deland area at The Law Office of Jason G Smith.

The family is the foundation of most lives. During a will or other family law issue, it can feel like that foundation is disintegrating. The firm has the knowledge and experience to help you during this stressful time. At The Law Office of Jason G Smith, you will have a lawyer who can protect your interests through all types of will-related matters.

Facing family decisions can be difficult and emotional enough as it is. However, they also involve complicated documents surrounded by even more complex procedures. Do not stress yourself out with this complicated process when you can have the legal assistance of The Law Office of Jason G Smith.

The Law Office of Jason G Smith helps clients to get the results they want from family law cases. Providing compassionate support that both respects your situation and puts your interests first. Never feel alone or fear the unknown when you have the firm on your side. Call today.

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

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