Family Law Services in Florida
If you are presently headed towards divorce, or if you are facing with another family law issue, we urge you to contact a divorce attorney from Bogle Law.
The area of family law happens to be one of the most sensitive and volatile aspects of law, especially when you consider the fact those matters typically involve your hard-earned income or assets, and more importantly, your children.
Whenever you are dealing with matters such as these, it's critical that you enlist the services of a competent attorney who is well-versed in Florida's laws, as well as someone who is a skilled negotiator and a persuasive speaker, who knows how to communicate effectively before a family court judge.
At Bogle Law, we handle all types of family law matters; we encourage you to get familiar with our practice areas and then contact us to schedule a case evaluation with one of our family law attorneys in Port Charlotte, FL. We are located in both Punta Gorda and North Port!
Divorce in Florida
The state of Florida allows people to obtain a "no-fault" divorce, which can be granted when both parties agree that the marriage is over. The fastest way to end a marriage is to work out a marriage settlement agreement; we would collaborate with your spouse and their attorney until an agreement is met.
Grounds for Divorce in Florida
Florida's divorce system is based on the principle of "no fault," which means that neither party has to come up with a specific reason such as adultery or cruel and inhumane punishment to seek a divorce.
When both parties can come to terms on the details of the divorce, it can be amicable; however, when the parties cannot agree on asset division or child custody, it may be considered a contested divorce, and divorce litigation may become necessary (although this is rare).
Uncontested Divorce in Florida
If you and your spouse can agree on important matters over asset and debt division, spousal support, child custody and visitation, or at least come to a compromise, then an uncontested divorce may be the right choice for you. Amicable divorces are less expensive than litigation; however, there is still a vast amount of paperwork involved so it's important to enlist the services of a competent attorney.
Contested Divorce in Florida
Even the easiest divorces can take an unexpected turn for the worse, especially when there is real estate, assets or children in the picture. It's always recommended that you begin a divorce with an attorney by your side, and this becomes increasingly more necessary if any major disagreements arise with your spouse over money, or issues involving the children.
If you and your spouse have trouble coming to terms on certain aspects of your divorce, you will most likely be required by the state to undergo mediation. This procedure generally takes place at the courthouse, and only the mediator, the spouses, and their attorneys are allowed to attend the proceeding.
A judge may grant a spouse temporary relief before the divorce has been finalized. A spouse can be granted temporary relief for an injunction of domestic violence, freezing assets, temporary alimony, temporary child support, temporary custody etc.
The state of Florida divides property in a divorce under the laws of "equitable distribution," which does not necessarily mean 50/50 or down the middle, but more closely means whatever the judge deems fair and just considering the circumstances of the marriage.
The state of Florida prefers that parents work out a parenting plan and a child custody and visitation arrangement amongst themselves, for they know their children and their situation better than anyone; however, when the parents cannot agree on child custody, the court will step in and decide for them and always based on the principle of "the best interests of the children."
Both the mother and father are held responsible for supporting their child and providing the child with food, clothing, and shelter. While the noncustodial parent typically pays child support to the other parent, there are variations of how child support is paid based on how much time the child spends with each parent, and each parent's individual income level.
Alimony, or spousal support is not automatically awarded in divorce proceedings and each situation is handled on a case-by-case basis. Factors that go into determining whether or not alimony will be paid include the length of the marriage, the age and health of the spouses, each spouse's income, contributions as a homemaker or to the other's education and more.
The state of Florida encourages both parents to be actively involved in the child's life, in the absence of drug or alcohol abuse, or domestic violence. If you are the main residential parent, then the courts will want you to actively encourage your child to spend time with the other parent. Before your divorce is granted, you and your spouse will need to establish a detailed visitation arrangement that will be included in your parenting plan.
The Twelfth Judicial Circuit has established Shared Parental Contact Guidelines which have been revised recently. These include the Basic Plan, the Long Distance Plan, the Highly Structured Plan, and the Safety Focused Plan, all of which are tailored to suit each family's unique situation.
Paternity refers to establishing "fatherhood." There are a number of reasons why a mother or a father may wish to establish paternity; however, once paternity is established it not only makes the father responsible for supporting his child, but it also allows him to establish parental rights which include visiting with his child and becoming involved in the child's life.
Once a divorce is finalized, it is extremely common for there to be changes later on. Such changes frequently involve spousal support, child support, child custody and visitation. Either spouse can petition for a modification; however, the burden of proof will be on the petitioning party to prove there has been a significant change to warrant a modification.
After a divorce has been finalized, one parent may have significant changes in their life which may cause them to want to move out of the area, or to another state. Common reasons for relocation include remarriage, a job transfer or opportunity, or they simply want to move closer to family where they will have more support. Whether you are the parent seeking to relocate, or if you are seeking to contest such a move, it's important to have an attorney by your side during the court process as the outcome is of great importance to you.
Domestic violence is violence that goes on between married couples, parents and children, family members, and people who otherwise live together or have a child in common. If a spouse or the children are being abused by one parent, there are legal steps that need to be taken in order to seek protection, especially if the children are witnessing violence or are a victim of such violence.
When someone is a victim of domestic violence (spousal abuse or child abuse), the can seek what is called an Injunction for Protection Against domestic Violence, or otherwise called an injunction. An injunction is used in cases where a spouse, or a child, or another family member are victims of physical, emotional, or sexual abuse.
Step Parent Adoptions
In many cases of a second marriage, the step parent is the only mother or father the child ever knows, and they have raised the child as their own, or they have played a large role in the child's upbringing. Through a step parent adoption, the step parents can make their relationship legal, even when the child's biological parent remains in the child's life financially or emotionally.
Why Hire an Attorney for a Divorce?
Due to the fact that family law is not only sensitive, but volatile, it's always in your best interests to hire a family law attorney to advocate on your behalf and to protect your best interests.
When you consider that your spouse has their own attorney, you have to remember that their attorney is not working for you, they are working for your spouse or ex-spouse, and you need equal legal protection if you are to succeed.
We offer caring and compassionate legal services, yet if your spouse is unreasonable we are prepared to be aggressive if that's what it takes to get the job done. As our client, your best interests are at the forefront in all that we do, let us help you achieve your goals in your family law proceedings, whatever they may be.
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