Divorce is an unfortunate side effect of marriage that affects nearly half the marriages in 21st century America. When divorce, or another family law matter such as prenuptial agreements, child custody, or alimony, need to be dealt with it is in the best interest of both parties to obtain legal counsel. Family law attorneys are those individuals in the legal community best suited to deal with these legal matters because they have additional training and knowledge regarding family law. Due to the fact that each state in the U.S. can have varying laws, it is important to acquire local representation. Residents of the Sunshine State will need to find a Florida family law attorney when they have legal matters that need to be dealt with.
Florida family law attorneys are familiar with the specific laws in the state of Florida that govern family matters, making them indispensible to individuals involved in any of the following legal situations:
• Drafting of prenuptial agreement
• Dissolution of marriage through divorce or annulment
• Child custody battles
• Child support or alimony
• Adoption or surrogacy
Hiring a legal team to represent you in court is not necessarily a luxury that every individual has, after all most lawyers are expensive to retain. Many legal matters involving family law in Florida can differ from other states in the country, making Florida family law attorneys even more valuable to clients because they know these laws going into the process and can help their client get the most they can during a legal battle.
In the state of Florida, individuals may only file for divorce if they have lived in the area for six months. If this requirement is met, individuals then have to prove one of two factors for their divorce. These include:
• Proof the marriage is irretrievably broken
• Proof of mental incapacity of one party. Loss of mental faculties must have existed for a minimum of three years
Assuming one of these factors is met, the two parties may proceed with their divorce. At this point the battle of debts, properties, assets, and children begins. Florida family law attorneys are well informed of the rules governing these factors in the state of Florida and can help an individual get the most possible from their position.
Child custody laws in Florida differ slightly from other states. If the parents cannot reach an agreement over the custody of their children, the courts in Florida will first opt for a joint custody situation. When it appears to the court that such a situation is not in the best interest of the child/ren, they will order sole custody for one parent. In the state of Florida, grandparents have a legal right to visitation that can be enforced by a judge. However, the courts cannot force the parent with sole custody to keep the children in state specifically for grandparent visitation.
Division of assets is handled differently in Florida as well. The state of Florida is an equitable distribution state, but equitable should be confused with equal; rather the courts will seek to distribute assets in a fair manner. A Florida family law attorney will know that the courts in Florida will divide assets based upon some of the following criteria:
• The contribution to the marriage by each spouse
• The economic circumstances of the parties
• The duration of the marriage
• Any interruption of personal careers or educational opportunities of either party
• The contribution of one party to the personal career or educational opportunity of the other
Florida’s family laws can be confusing and can differ from those in other states. Having a Florida family law attorney at your disposal will help ensure that your best interests are being looked out for throughout the legal process. Those in need of representation should search Familylawattorneys.com where they will find a list of reputable and affordable Florida family law attorneys.