Family Law

• Divorce
  A. Basically, the procedures for a divorce and a legal separation are the same. The same actions are taken for both, and the cases are filed in the same way and go through the court system in the same way. In the end, for both divorce and legal separation, judgments will be entered that divide assets and debts. The judgment determines the financial obligations for each party, and will establish the placement and custody rights for children involved. A legal separation is different from a divorce in a few ways. First, if you get a legal separation then you cannot remarry anyone until you actually get a divorce. Furthermore, in some state, after the divorce, you must wait 6 months or longer to remarry. Also, if you want to get back together with your spouse, then you just dismiss the legal separation. If you are divorced and want a reconciliation, then you would have to get remarried. Getting remarried cancels the divorce agreement and settlement.
• Child Support
  Florida Child Support Calculator: Do you think your paying too much child support? Do you think your not receiving enough child support? This Child Support Calculator is helpful for providing rough estimates of support. Click the Calculator to get started!
• Child Custody and Visitation
  Do grandparents have custody and visitation rights? A new law in Florida relating to members of the military states that if a parent is activated, deployed, or temporarily assigned to military service on orders in excess of 90 days, the parent may designate a family member, a stepparent, or a relative of the child by marriage to engage in time-sharing on the parent’s behalf.
• Adoption
• Paternity
• Premarital Agreement
  A prenuptial agreement can outline disposition of property if the marriage ends upon separation, death, or the occurrence of another event. A provision could state that if one spouse admits to cheating on the other, a cash payment of a certain amount is made to a certain bank account.
• Spousal Support
  A. Maintenance, commonly called alimony, is a form of spousal support. Maintenance is different for every case, and it is based on a number of factors. The major factors include the length of the marriage and the difference in income between the two parties. For example, if a couple has been married for a number of years and one spouse makes a considerably larger salary, then it is likely that the court system will order the higher paid party to pay maintenance to the other. The court will then determine how much is to be paid and how long the payments will go on.
• Legal Separation
  A. One attorney cannot ethically represent both individuals involved in a divorce case. This is usually because a divorce or legal separation action involves two people with complete conflicts of interest. An attorney can represent one spouse and the other can go unrepresented; however, this usually gives an advantage to the spouse who is being represented.
• Annulment
  A. An annulment is basically the process of voiding a contract of marriage. With an annulment, the contract of marriage is treated as if it never happened. Usually, an annulment can only happen if the marriage contract suffers from some type of defect. Some of these defects could include no parental consent for an underage party, an individual lacking the mental capacity to understand the contract, or "fraud in the inducement" of the marriage contract. In any case, an annulment can only be granted to the innocent party. There are no "no fault" annulments.
• Child Abuse
  A. There are many reasons why a lawyer might be hired in a divorce case. You would need a lawyer if there is any child abuse, spousal abuse, or sexual abuse involved in the relationship. Having a lawyer would help you get the best arrangements in order to protect yourself and your children. It is also best to hire a lawyer when the other spouse involved has already hired an attorney. This is especially true when the case was many financial issues involved. Also, it is good to hire a lawyer, when the other spouse already has one, so that you will not be put at a disadvantage. You can ask the judge for an adjournment (postponement) so that you will have some time to hire a good divorce attorney.

Criminal Law

• Criminal Defense
• Sex Crimes
  Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner or petitioner's family or household members who are residing in the same single dwelling unit with the petitioner.
• Assault
• Restraining Order
  An injunction is a court order sometimes called a "Restraining Order" that directs a person not to have any contact with you. It is one legal means of helping to protect a person from threats or acts of violence by another person. There are four (4) kinds of civil injunction petitions that can be filed with the Clerk of Court in your county: domestic violence, sexual violence, dating violence, and repeat violence. Each type has different requirements based on your relationship with the other person, and what occurred. Following is some information related to each type of injunction to help you determine which type of petition for an injunction you may be able to file.
• Kidnapping
  What is the Parental Kidnapping Prevention Act? The PKPA is a federal law that tells courts when they must honor and enforce “custody” determinations issued by courts in other states. This act was established to deter interstate conflicts, deter interstate abductions, and encourage cooperation between states about interstate custody matters. Generally, a state court must give full faith and credit to the court that initially established “custody.” The act also outlines when a different state may assume jurisdiction over the matter.

Trusts and Estates

• Wills
  Though it has at times been thought that a "will" was historically limited to real property while "testament" applies only to dispositions of personal property (thus giving rise to the popular title of the document as "Last Will and Testament"), the historical records show that the terms have been used interchangeably.
• Power of Attorney
  3. What is the difference between a Medical Power of Attorney and a Health Care Surrogate? The main difference between a medical power of attorney and a healthcare surrogate is that you appoint a medical power of attorney representative to make healthcare decisions for you when you become unable to make them for yourself. You can specify what healthcare decisions your medical power of attorney can make.

Finance Law

• Bankruptcy
  1. Will I lose anything if I file for personal bankruptcy? Generally, you may file a bankruptcy and retain all of your personal belongings, including your house, your car and all household goods. We will make sure that all of your personal belongings are protected. If you owe more on your car than the car is worth, the bankruptcy court will not sell your car, because after the sale there wouldn't be enough money left over to make a distribution to your creditors. The same goes for your home and personal property. Even if your property is worth more than what is owed on it, usually we can use the state bankruptcy exemptions to protect these items.
• Foreclosure
  12. Can my HOA sue me after I file bankruptcy? HOA lawsuits to collect delinquent assessments and or dues are on the rise. Previously if you didn’t pay your HOA dues, your HOA would simply record a lien against your property and threaten foreclosure. This typically prompted homeowners to bring your their HOA account current.