Divorce & Family Law

Central Florida Divorce Lawyer
Southeast Florida Family Law Attorney

MENTOR LAW FIRM
Karen P. Mentor, Esq.
8811 SE Bridge Road
Hobe Sound, FL 33455
Toll Free 1 800 889-5079
Telephone: (772) 545-7590
Facsimile: (772) 546-2978
E-mail: mentorlawfirm@bellsouth.net

Table of Contents:
Divorce 
Child Support 
Post-Divorce Modification 
Paternity
Custody
Domestic Violence 
Prenuptial Agreements

Mentor Law Firm represents clients in all types of family law matters, including divorce, child support, modifications of support or child visitation, paternity, custody, domestic violence, and prenuptial agreements.

Family law disputes are among the most stressful legal situations many people will ever encounter. Property entitlements, equitable distribution, support and child custody and visitation are often complicated mazes of competing interests. At Mentor Law Firm, we understand how stressful these types of cases can be. We are experienced at advocating our clients’ interests and ensuring the best possible resolution. We will serve you first and foremost.

Divorce

To divorce in the State of Florida, at least one party to a marriage must have been a resident of the state for at least six (6) months prior to filing a petition for dissolution of marriage. Florida is a “no fault” state, meaning that it is not necessary to prove grounds for divorce. The only requirement is a showing that the marriage is “irretrievably broken.”

The main issues in a dissolution of marriage are distribution of assets and debts and primary residential care of the children, if any. Florida courts require the parties to attend a mandatory mediation session prior to going to trial, in an effort to try and resolve these issues without litigation.

The mediation process is usually very constructive. It takes place between both parties and their respective counsel, before a certified family law mediator who is neutral, does not know either party, and whose job it is to try and reach an amicable resolution of the case. If mediation is not fruitful, the parties will proceed to trial after the required exchange of financial information. But it is almost always better to resolve as many issues as possible through mediation, because the parties decide for themselves what they can live with, as opposed to having a judge decide for them. Judges can be unpredictable.

It is sometimes possible to obtain “temporary relief” while the litigation is pending. This is usually in the form of monetary support, and it is based on a party’s need coupled with the other party’s ability to pay. Often, such temporary relief will also involve an award of attorney’s fees or “suit money.”

Courts in Florida are required to effect an “equitable distribution” of the parties’ assets. This does not necessarily mean splitting everything down the middle, as in some states. It means the court must do what is equitable under the totality of the circumstances surrounding the case. Usually, one spouse’s infidelity or bad behavior will not affect the distribution of property, unless it can be shown that the infidelity or bad behavior squandered, or wasted marital assets. Note that property distribution determinations cannot be altered later on, even in cases of changed circumstances of the parties, unless it can be shown that the final judgment was based on fraud.

In many cases, one of the parties has a claim for spousal support, or alimony. This is often awarded where one of the spouses is unable to work, or where there is an enormous disparity between the parties’ relative earning capacities. Sometimes a court will order “lump sum alimony,” meaning a specific payout to one spouse by the other. Often a party will be entitled to temporary support, or bridge-the-gap alimony, to allow her to finish her education or re-enter the work force. In questions of spousal support, a court looks to a variety of factors; including the standard of living each enjoyed during the marriage as well as each party’s earning capacity.

Child Support

Under Florida law, each parent has a duty to support his or her child. Therefore, the computation of a party’s child support obligation is relatively formulaic, and the formula can be found in the Florida statutes. Each party’s net monthly income, after certain adjustments, is added, and the support obligation for the number of children for the total net income available is determined through reference to a published table. Each party’s obligation is a percentage of the total support obligation, in the same proportion as that party’s net income bears to the total available monthly income. This sounds simple, and it often is. However, complications can occur in terms of determining a party’s true monthly income, or in imputing income to a parent because of his or her ability to earn more. Usually one of the parents has been designated by the court or the parties’ agreement as the “primary residential parent,” meaning that the child(ren) live with that parent most of the time. In such a case, the non-primary residential parent will pay his or her child support to the primary residential parent. While the child support money is said to belong to the child(ren), the primary residential parent has almost complete discretion on how to use the funds.

A parent who willfully fails and refuses to pay his or her child support may be subject to a finding of contempt. This can result in arrest until the non-paying parent satisfies his or her back supportobligation.

Post-Divorce Modification

The provisions regarding alimony, child support, primary custody, and access (visitation) are normally incorporated into the final judgment of dissolution of marriage. Once that happens, these provisions can only be altered in cases where there has been a “substantial and material change in circumstances.” This is a very high standard, and because it can be difficult to prove, the provisions in the final judgment should be carefully considered by a party before agreeing to a settlement. Modification of spousal support can occur when the party receiving the support payments begins to earn more money, or if the party paying support begins earning less, through no fault of his or her own. If a court finds that a party’s “under-employment” is voluntary, the party will be imputed with the same income he or she was earning when the support calculation was initially made. The standard for proving involuntary under-employment is extremely high, and the party making the claim must be able to demonstrate that he or she has done everything possible to find like-paying employment.

The same standard obtains in determining a modification of a child support obligation, with the added requirement that the court must find that the modification is in the child’s best interest.

When it comes to modification of custody or visitation schedules, the party seeking the modification also has the burden of proving a substantial and material change in circumstances. This can be comprised of proof that the primary custodial parent has been alienating the child’s affections from the non-custodial parent, or that there has been some intentional interference with the non-custodial parent’s access or ability to contact the child. Other factors may also cause a court to find that it is in the child’s best interest to modify a final judgment as it pertains to primary residential custody or access and visitation.

Paternity

In this day and age, many couples live together without getting married. Often a child is born. Later the parents break up, and one party is in need of child support. It is also often the case that a child is born of a casual union rather than a serious relationship. Since Florida law provides that each parent has an obligation to support his or her child, either parent has an absolute right to seek a determination of paternity and, if he or she is the custodial parent, child support. This sometimes involves a court-ordered paternity test, through DNA samples taken by cheek swabs of the father and the child.

A man may also seek a determination of paternity to prove that he is not the father of a child. This sometimes occurs in the context of a dissolution of marriage, where the law states that there is a rebuttable presumption that children born of an intact marriage are in fact the husband’s children. These issues can be complex, and there are recent developments in Florida law that affect people in this situation.

Sometimes a man will want to gain primary residential care of his child(ren) born out of wedlock. This is also accomplished through a Petition to Determine Paternity.

Custody

Usually referred to in Florida as “primary residential care.” Unless there is a clear history of child abuse or one parent is a convicted felon, Florida law invariably finds that both parents have “shared parental responsibility.” This means that, even though the child may be residing primarily with one parent (“primary residential care”), both parents are deemed to share equally in significant decisions affecting their child. These include, but are not limited to, the child’s school, medical care and treatment, et cetera. While this sounds good in theory, in practice one parent sometimes usurps the parental role of the other and makes unilateral decisions affecting the child without consulting the other parent. This can be addressed in enforcement or contempt actions.

A court’s determination of which parent will be the primary residential parent involves one factor: the child’s best interest. While there are many elements that can affect this determination, it is the guiding principal that all family court judges in Florida are bound by.

Domestic Violence

It is an unfortunate fact that sometimes one party to a marriage or a domestic living situation gets so angry that he or she lashes out against the other physically. If one person has been the victim of domestic violence, or has a reasonable fear (the key word is “reasonable”) that he or she may become a victim of domestic violence, it is possible to obtain a restraining order against the offender. A victim need only go to the court house and fill out a petition that includes a sworn statement of the events, and in many cases a court will grant a temporary injunction. A hearing then takes place during which the court takes testimony and decides whether to make the injunction permanent (which really means only two years). If the offender breaks the injunction, he or she may be adjudicated to be in criminal contempt.

Prenuptial Agreement

What do you do when you want to get married, but you also want to protect your assets? We all hope that marriage is forever, but it sometimes does not work out that way. Mentor Law Firm has advised many individuals on how best to protect their assets through prenuptial agreements.

Because of our specialized expertise in both immigration and Florida family law, Mentor Law Firm is uniquely qualified to identify and address issues that overlap in both areas. For example, many child custody matters have international as well as domestic implications. In addition, there are special considerations that should be taken into account in marriages between a US Citizen and a citizen of another country, such as the duty of support that the US Government imposes upon sponsors of family petitions. Some of these can be addressed in prenuptial agreements – others are considerations of which both parties should be made aware. Whatever your concern, Mentor Law Firm is well-versed in both areas of the law and will advise you accordingly.

Schedule a confidential consultation with an experienced divorce and family law attorney today by calling us toll free at 1 (800) 889-5079, e-mailing us, or filling out intake form on our Contact Us page.