Ensure the Security of Your Family’s Future
When family relationships become embroiled in complex legal matters like divorce, or child custody battles? At Perez-Calhoun Law Firm, P.A. we understand that family matters are emotional and complicated. Our knowledgeable family attorney in Orlando FL has successfully represented countless clients, delivering favorable outcomes. Florida families facing legal issues shouldn’t face them alone. Let us help you plan your family’s future. Schedule a free initial consultation with our family attorney today.
What is Family Law?
Family Law refers to the legal practice area that deals with matters concerning the family, its relationships, domestic issues, and the legal rights and responsibilities of individuals within a family unit.
What are the Areas of Florida Family Law?
Family Law encompasses a wide range of areas and legal issues that pertain to family relationships and domestic matters. Some of the key areas within Florida Family Law include:
Ending a marriage is difficult and stressful. Even when it’s best for both parties, divorce is unpleasant. Our Orlando law office has supported tens of thousands of clients through divorce and legal challenges. In Florida, divorce can be granted for one spouse’s mental incompetence or the irreparable disintegration of the marriage.
Pérez-Calhoun Law Firm can help you navigate your divorce. You can have an uncontested (both parties agree to everything) or a contested divorce. Our law firm can help you with either type of divorce. Having a well prepared plan and making wise decisions prior to the start of your divorce can be crucial to its successful resolution.
Common Types of Divorce:
- Collaborative Divorce
During a collaborative divorce, parties can achieve peaceful agreements on all divorce-related matters, especially when children are involved. This method can save time, money, and emotional stress, making the transfer easier for your family.
- High-Asset Divorce
Divorces with large assets or net worth can be complicated. Our trusted team will analyze real estate, personal property, equities, and intellectual assets to estimate fair market valuations now and in the future.
- Contentious Divorce
We provide proactive, insightful, clever, and perceptive representation in contentious divorce situations where confidence is eroded and disputes grow. Our divorce lawyers can handle the challenges of contentious divorces.
Regarding military divorce, members of the U.S. Armed Forces need experienced legal representation. Military divorces are complicated by deployments and geographical distances, making child custody and support difficult.
In many ways, military divorces are similar to other divorces. As the spouse of a service member, Attorney Gina R. Pérez-Calhoun is personally familiar with the issues that affect families involved in a military divorce. With a military divorce in Florida, the same general laws regarding child custody, child support, property division, and alimony will apply to the case. At the same time, there are also some unique laws that impact military divorce cases.
Perhaps most notably, a federal law called the Servicemembers Civil Relief Act (SCRA) prevents military members from facing divorce cases while they are on active deployment. To be clear, this law will not stop a military spouse from getting a divorce. Instead, it will temporarily halt their case so that their partner does not have to deal with the divorce until their deployment is over.
Special Issues Relating Military Divorces:
- Where to File A Divorce: Military members could live in many different states throughout their career. State laws have been adjusted to give military families additional options while filing for divorce. In Florida, the state’s residency requirement is somewhat less strict. If at least one member of the couple was stationed in Florida for at least 180 days prior to the divorce, they have the right to file for divorce in Florida. Where you file may also determine the military pension is considered a marital asset subject to equitable distribution.
- Uniformed Services Former Spouses’ Protection Act (USFSPA): Under this law a military spouse could potentially be entitled to a portion of their partner’s pension benefits.
- Servicemembers Civil Relief Act (SCRA): Prevents military members from facing divorce cases while they are on active deployment as further explained above. Further, individual states can and do pass SCRA laws that go above and beyond the federal SCRA. Therefore, it is critical to stay informed of these local statutes to avoid violations.
Child Support and Child Custody
In Florida divorce cases, child support and custody are crucial factors. Parents may have preconceived beliefs, but the court prioritizes children’s best interests. Although we seek to make child support fair, we also highlight its obligation.
Child Custody is determining where a child will live and who will make decisions about their upbringing in cases of parental separation or divorce. On the other hand, Child Support is establishing financial support obligations to ensure that children’s basic needs are met by both parents.
Whether you are in the need of establishing child support, modifying child support or enforcing child support, Pérez-Calhoun Law Firm can represent you in what can be a frustrating process. Florida law provides for a formula to establish child support. Among the factors taken into consideration in calculating child support is the number of overnights the minor child spends with each parent.
Therefore, if you have not established by the Court a timesharing schedule, your monthly child support obligation may be higher than it would have been if you have a Court order that sets the number of overnights with your child. On the other hand, if you are trying to secure child support for your child you may encounter complicated issues (for example, if the other parent is hiding income) that Attorney Gina R. Pérez-Calhoun can help you navigate and work side-by-side with you to make sure you receive an appropriate child support order.
Alimony can be a challenging matter in Florida divorces. Income, earning potential, health, and conduct are considered by judges when deciding alimony. We help clients navigate this difficult divorce element for fair results.
Separation of Assets and Equitable Distribution
Divorce distribution should prioritize fairness over equal division. We help you fight for your fair share of marital assets.
Mediation is an efficient way to resolve differences and reach mutually agreeable solutions. It allows both parties to actively create their own solutions, getting around a judge’s decision.
Paternity Suits / Paternity
In Florida, paternity suits enable fathers to establish legal rights and duties for their children born outside of marriage. Paternity suits can help unmarried women get child support and other perks. Establishing legal fatherhood, which can impact child custody, visitation, and support.
When unmarried couples have children under Florida Stat. § § 744.301(1) “The mother of a child born out of wedlock is the natural guardian of the child and is entitle to primary residential case and custody of the child unless a court of competent jurisdiction enters an order stating otherwise.”
That is why when a child is born to an unmarried couple one or both of the parents must petition the court in order to have the rights and responsibilities of being a parent granted to them via order of the court. These include; time-sharing, child support, parental responsibility, and decision-making authority to name a few. Call us now to set your free initial consultation on how to establish paternity attorney and have your rights to custody or support set by a court order.
Prenuptial and Postnuptial Agreements
If you are planning to get married and have assets that you want to protect you must consider a prenuptial agreement. Florida Prenuptial Agreements (also called “premarital agreements”) are written contracts that couples enter into prior to marriage. Prenups in Florida are expressly allowed by Florida’s Uniform Premarital Agreement Act (§61.079 of the Florida Statutes). The Premarital Agreement Act sets forth the requirements for entering into a legally enforceable Florida Prenuptial Agreement, including the content that can and cannot be included in a premarital contract.
Post-nuptial agreements ultimately help couples anticipate changes that may occur in a marriage, address those changes, and provide a measure of comfort as relationships change over time. Because these types of marital agreements generally focus on financial concerns, spouses can place the focus on building a stronger emotional relationship rather than placing the focus on assets, debts, property one spouse or the other owned prior to the marriage, and other issues that can cause dissension.
Restraining Orders (Injunctions) – Domestic Violence
- If you are a victim of domestic violence or the Respondent (the person accused of the domestic violence), the entry of a Final Order can have a long-lasting impact on the life of the Petitioner (the person asking for the injunctions) and the Respondent. An Injunction for Protection is a Court Order, often referred to as a restraining order, that places restrictions on an individual who has allegedly committed acts or made threats of violence against another individual. A restraining order may include requirements that restrain the Respondent from further acts of violence; order the Respondent to leave a shared dwelling; prevent the Respondent from coming to your home, school or place of employment; and/or award temporary custody of minor children.
- The entry of a restraining order against you can affect your employment, ability to volunteer at your child’s school, ability to secure and/or keep your secret clearance, etc. There are many types of restraining orders as follows: (1) Domestic Violence’; (2) Stalking Violence ; (3) Repeat Violence ; (4) Sexual Violence ; and (5) Dating Violence. If you petition for the wrong type of restraining order, your case can be dismissed (thrown out).
- If a restraining order is entered and the Respondent violates that order, you must notify the police and file paperwork with the Court informing the Court of the violation. If the restraining order is for a limited time, the Court will take into consideration violations of the order in determining whether to grant an extension.
- If a restraining order has been entered against you, you can ask the Court to modify the restraining order. ALSO, THE VIOLATION OF A RESTRAINING ORDER IS A CRIME!
These are some of the primary areas within Family Law, and each area may involve its own set of legal rules, regulations, and procedures. Our family law attorneys are here to provide legal guidance and representation to individuals and families facing these complex and often emotionally charged issues.
Choose Us as Your Family Attorney in Florida
Are you currently grappling with the complexities of family law in Orlando, FL? Perez-Calhoun Law Firm, P.A. is your trusted partner in family law concerns. Our professional team is available to help you resolve your particular difficulties.
Our Orlando, FL Family Attorney focuses on divorce, child custody, spousal support, and property division. We recognize family issues’ emotional impact. We handle each case with empathy at Perez-Calhoun Law Firm, P.A., providing excellent legal advice and faithful support during difficult circumstances. Each family law case is unique, so we tailor our legal strategy to your needs and goals to resolve the situation. We focus on Family Law, but we also handle estate planning, probate, and business law to solve a wide range of legal issues.
Do not let family legal difficulties overwhelm you. To consult with an experienced family attorney in Orlando FL, contact Perez-Calhoun Law Firm, P.A. now. We’ll clarify and assist you to a better future.