Boca Raton Divorce Lawyer

Divorce

Florida is known as a “No Fault” Divorce state, as are most states. This means that you no longer have to prove grounds in order to obtain a divorce. You simply allege in your divorce petition that the marriage is irretrievably broken. However, not everybody is free to come into the State of Florida to file for and obtain a divorce. At least one of the parties would need to be a continuous resident for at least 6 months prior to the filing of the divorce petition. The residency requirement is usually demonstrated by displaying to the judge a Florida driver license at the time of your final hearing, which has an issue date of at least six months prior to your divorce petition being filed.

Equitable Distribution of Marital Assets

Equitable distribution is the process of dividing assets and liabilities obtained or incurred during the marriage. A marital asset is any asset acquired during the marriage, or any liability incurred during the marriage. This applies to all assets and/or liabilities whether or not the asset or liability was acquired by the husband, the wife, or jointly. Marital assets and liabilities are generally divided equally. Questions of valuations frequently arise in divorce cases. This is the most basic definition of Equitable Distribution. A more detailed and extensive definition of equitable distribution is found in Florida Statute 61.075.

Alimony

Alimony may or may not be awarded in a divorce case. The award of alimony is dependent on many factors. The primary consideration is whether or not the spouse requesting alimony has a “need” for financial assistance, and whether the payor spouse has the “financial ability” to meet those needs. There are currently several types of alimony in Florida, including Bridge-the-Gap, Rehabilitative, and Durational Alimony. Permanent alimony is no longer available in Florida. Recent legislation which became effective on July 1, 2023 abolished permanent alimony.

Timesharing With Minor Children

Timesharing, formerly known as custody, is always based on the underlying premise as to what is in the best interests of the child or children. The term “custody and visitation” have been abolished in the State of Florida. The state legislature of Florida has recognized the negative connotation of those terms. Visitation rights are exactly that; the right to visit with your children. This archaic concept failed to recognize that children have two parents, not just one, and both parents are equally as important as the other in the lives of their children. New legislation in Florida effective July 1, 2023, now creates a rebuttable presumption that equal timesharing is in the best interest of minor children. The key phrase in this new legislation is “rebuttable presumption.” A judge is still required to analyze a multitude of statutory factors in order to make the determination that equal timesharing is in the best interests of minor children. Florida has adopted the concept of shared parental responsibility. The resolution of parental responsibility, whether it be shared or sole, as the circumstances may require, are embodied in a document known as a Parenting Plan. The Parenting Plan also provides for a timesharing schedule, payment of various expenses for the children, including expenses such as extracurricular activities, the allocation of medical expenses, child care, as well as other expenses related to the children. At the outset of every family law proceeding that involves minor children, whether it be a divorce or paternity case, a parenting class is also required when minor children are involved.

Child Support

Child Support is an obligation of both parents to support their children. The calculation of child support is not a subjective amount determined by the judge, as it had been in prior years. Child support is now an objective amount, calculated by utilizing child support guidelines. Child support guidelines are utilized throughout the state of Florida. Boca Raton in Palm Beach County; Fort Lauderdale in Broward County, and Miami-Dade County all employ the use of child support guidelines, as well as all other counties throughout the State of Florida. The calculation of child support is based on several factors, including the income of the parties, number of overnights the children spend with each parent, along with various other considerations, including other specific deductible items from each parties income.

If you need an experienced attorney to accurately calculate the correct amount of child support, whether you are the one paying child support or receiving it, you should contact me before your child support is approved by the court.

Modification Proceedings

Nothing lasts forever as the saying goes. This is true with financial obligations as well as timesharing with your children. Alimony and child support, as well as timesharing, can be modified, either upward or downward, depending on the circumstances in each specific case. A modification proceeding is commenced with the filing of a Petition for Modification which seeks the type of relief being sought in your petition. A prerequisite for filing a Petition for Modification requires a pleading that contains allegations which would warrant a change in circumstances. Generally speaking, those change in circumstances are unanticipated, substantial, material, and permanent in nature. An involuntary decline in one’s income is just one example that would support a modification.

Paternity

The issue of paternity frequently arises in the context of Family Law matter in Florida. Paternity involves a proceeding when a child is born out of wedlock. It is important for either the mother or the father to establish paternity at the earliest possible time after the birth of the child. Until there is a judicial determination of paternity made by the courts, the father has no rights. This is true even if the father’s name appears on the child’s birth certificate. The mother is not bound by any restrictions until paternity is established. One such example is that the mother is free to travel wherever and whenever she wants. The mother can relocate out of the state if she is so inclined to do so. Once the father establishes his paternity, as well as securing a timesharing order, his rights, after a consideration of the best interests of the child, are similar to those of the mother. Child support cannot be awarded until paternity is establised. Although no marriage exists in a paternity case, Parenting Plans, just like in a divorce case, are required. The best interests of minor children are always paramount.

Domestic Violence

Domestic Violence cases frequently occur in Family Law cases. They are especially troubling when minor children are caught up in the middle or witness the violence. These cases may be either civil or criminal in nature, depending on the facts involved. The lack of an actual physical touching can even lead to the issuance of an order of protection. If there is a threat of imminent violence, that alone will establish the basis for an order of protection being issued by the court. These situations can have serious ramifications. They should not be taken lightly. An experienced lawyer in Boca Raton and throughout South Florida should be retained to assist you in these most serious matters.

You Should Confer With an Experienced Boca Raton Divorce Attorney

Divorce is not a simple process as you can readily see from all of the various issues that frequently arise in divorce and other Family Law matters. I am well qualified to handle all of them. I will be the guardian of your rights. I will protect and guide you through the often complicated judicial process. We are all human beings, and in addition to zealously representing you, I have empathy for your situation. Let me help you. I work on cases in Boca Raton, Palm Beach County, as well as in Broward County and Miami-Dade County, Florida. You can contact me anytime by calling my mobile phone at 954-295-9222 or emailing me at alan@alanburtonlaw.com. Early intervention in Family Law cases can lead to a substantial benefit for you.