We are always looking towards the future in family law. We apply this forward-thinking perspective to your case. We truly listen to you to determine your needs and objectives. Drawing from our insight and experience, we consider your immediate goals and anticipate factors that might arise in your life many years from now. We develop a strategy designed to put you in the best position possible today and in the future. We work with clients in a number of areas regarding family.
A contested divorce does not mean you contest the actual divorce, but rather the terms of your divorce. The process is more complex if you and your spouse do not agree on all the terms pertaining to property and debt division, spousal support, child support and child custody. You and your spouse may ultimately be able to reach a divorce agreement through mediation. In fact, most divorces settle before trial. Although we do all we can to avoid a costly, time-consuming trial, we are prepared to litigate your case in court, if necessary, to protect your rights.
Divorce need not be an extended, contentious courtroom affair. If you and your spouse agree to all terms of your divorce, you may be eligible for an uncontested divorce. You do not have to appear in court, but rather the judge signs an order of divorce that incorporates your settlement provisions. An uncontested divorce essentially means you agree on everything, including child support, child custody arrangements, spousal support and property and debt division.
BEST INTERESTS OF CHILD
Parents caught up in custody litigation often forget about the best interests of their children and focus on their interest and what suits them. This is a mistake that many make during litigation. Parents cannot always be blamed for such mistakes because family law is filled with emotional pain and sometimes children are the last worry that cross a parent’s mind. Courts recognize the mistakes that can damage children. So when it comes to custody and parenting time, the best interests of the children are main concern for the courts.
Time Share is the term Florida now uses instead of the more familiar 'custody'. You do not have to be the ‘perfect’ parent to obtain time share. The courts generally recognize that people are not perfect. As long as your children are not in some way harmed by you and you are able to provide them with suitable accommodation and a loving environment, you should technically be able to share their care and control.
In time share situations:
- The parents are generally equal guardians for the child;
- Neither parent can make unilateral decisions regarding the child. Everything will need to be discussed and decided mutually.
- If one parent wants to move or relocate to another city or country, it will be much more difficult to obtain the approval of the court to do so if the other parent is sharing time.
- Child support will only be paid if one parent earns more than the other: the incomes will get set off against one another and the higher earning parent will pay child support.
If you are seeking time share, it is always better to do it from the very get-go and upon separation. I meet many parents, especially fathers, who at the beginning consent to the child primarily residing with the mother to avoid court and acrimony. However, after a few months, they realize that it is not to the best interest of their children to spend so little time with them and want to change the arrangements to time share. This will be almost always opposed by the mother who is used to the arrangement and thinks the child’s routine should not be disrupted.