Orlando, FL DUI Lawyer, Criminal Defense Attorney

The Bay Hill Area Law Firm is familiar with the Florida Family Law Rules of Procedure, the Florida Rules governing the litigation of all family law matters including: annulment, dissolution of marriage, domestic violence, paternity, adoption, marital agreements, and civil contempt of such actions. Numerous, highly complex laws apply to the area of family law. The following is to be used as a general guide only, for informational purposes only. DO NOT USE THIS INFORMATION TO CONDUCT ANY LEGAL ACTIONS ON YOUR OWN; THE INFORMATION PROVIDED IS IN NO WAY EXHAUSTIVE OF FLORIDA LAW, AND THE LAW IS ALWAYS CHANGING. Your attorney is aware of the rules of law, and will aid you in the application of these rules to ensure justice is served in your case.

Premarital Argeements

Prenuptial agreements that are in writing and signed by the party to be charged are generally valid under Florida Law. However, courts will strictly scrutinize marital agreements for good faith and lack of undue influence.

A prenuptial agreement must be voluntarily entered into without undue influence or coercion. The agreement must be fair and reasonable, or it must be entered into after full and fair disclosure.

Marriage

Florida requires a license and solemnization for a valid marriage. To obtain a marriage license, the parties must be of the opposite sex and at least 18 years old. Parties under the age of 18 may marry with parental approval, and parties under the age of 16 may marry with judicial approval. Solemnization may be accomplished by a judge, authorized public official, or religious institution.

Domestic Violence

Domestic violence means any assault, battery, sexual battery, stalking, or any other criminal offense resulting in physical injury or death to one or household member by another current or former family or household member.

An injunction for protection restrains an individual from harassing a family or household member, visiting the residence, removing or interfering with children, or any other activity the court finds necessary to enjoin. An injunction can be temporary or permanent.

Termination of Marriage

Annulment is the process by which a party seeks a judgment that the marriage is invalid. After a judgment of annulment is entered, the parties are treated as if they had never been married.

The grounds for annulment must exist at the time of the wedding. Common grounds for annulment are lack of consent and lack of capacity.

Divorce

Florida offers a “no-fault” divorce. Dissolution may be granted on a finding that the marriage is irretrievably broken.

An uncontested summary dissolution procedure may be used in county court if the parties file an affidavit stating that the marriage is irretrievably broken, there are no minor children, and all of the joint property and joint obligations have been divided.

Equitable Distribution, Alimony, and Child Custody and Support

A trial judge has great discretion to award property, alimony, child support, child custody, and attorneys’ fees as justice requires.

All parties involved in any proceeding involving a request for financial relief (e.g., child support, alimony, equitable distribution, etc.), must prepare, file with the court, and serve on the opposing party certain financial documents (a standardized financial affidavit, certain tax returns, etc.)

Equitable Distribution. All marital assets (i.e.,all property acquired by either spouse during the marriage from a source connected with the marriage, plus interspousal gifts) must be distributed equally unless justification for unequal treatment is shown. The court will consider factors such as contribution to the marriage, economic circumstances, interruption of personal career or education by a spouse, contribution by one spouse to the career and education of the other, the desirability of one spouse retaining a particular asset, the length of the marriage, the desirability of retaining the marital home as a residence for dependent children, and misconduct that depleted the marital assets within 2 years of filing.

All vested and nonvested benefits that accrue during marriage in any retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans are marital assets subject to equitable distribution.

A property settlement from a dissolution is final and not modifiable.

Alimony is a support obligation available to either spouse. The court will consider the length of marriage, the standard of living, age, physical and emotional condition of each party, time needed to obtain education or training, financial resources, contribution to the marriage, and all sources of income available to either party.

Temporary Alimony is available during the pendency of the litigation,

Permanent Periodic Alimony is paid regularly to support a spouse who has neither the resources nor the ability to be self-sustaining.

Lump Sum Alimony is an award of a definite sum of money or property. It can be paid at one time or in instalments. It is not subject to modification.

Rehabilitative Alimony may be granted to assist a spouse in becoming self-sufficient.

Alimony can be modified upon a showing of a substantial change in circumstances or financial ability to pay of either party.

Child Custody and Support

The standard of awarding child custody, visitation, and support is the “best interest of the child.” The court may order family mediation and/or social investigation by the Department of Children and Families (“DCF”). The court may appoint a guardian ad litem and/or legal counsel for the child.

The court considers all relevant factors when determining the best interest of a child. The weight given a child’s preference is affected by the age and maturity of the child.

Custody orders may be modified upon a showing of a substantial change in circumstances affecting the child’s welfare.

Both parents owe a duty of support to their minor child until the child is emancipated. Determination of the amount will be based on monetary needs and ability to pay. The court used statutory guidelines, which are presumed to be proper. If the court chooses to depart from the guidelines by more than 5%, it must enter written findings and a justification.

Child support can be modified upon a showing of a substantial change in circumstances or financial ability of either party. The court has no authority to cancel or reduce a past due installment of child support.

If a party defaults on an alimony or support order, the court can issue an income deduction order to that party’s employer, requiring the employer to deduct the ordered sum. Other means of enforcement are available as well.

An obligor who defaults on alimony, child support payment, or even payment of attorneys’ fees, can be found in civil contempt of court. An obligor who has been adjudged in contempt for failure to comply with a support order in the past, and who wilfully fails to provide support, commits a first degree misdemeanor.


		Family Law The Bay Hill Area Law Firm is familiar with the Florida Family Law Rules of Procedure, the Florida Rules governing the litigation of all family law matters including: annulment, dissolution of marriage, domestic violence, paternity, adoption, marital agreements, and civil contempt of such actions. Numerous, highly complex laws apply to the area of family law. The following is to be used as a general guide only, for informational purposes only. DO NOT USE THIS INFORMATION TO CONDUCT ANY LEGAL ACTIONS ON YOUR OWN; THE INFORMATION PROVIDED IS IN NO WAY EXHAUSTIVE OF FLORIDA LAW, AND THE LAW IS ALWAYS CHANGING. Your attorney is aware of the rules of law, and will aid you in the application of these rules to ensure justice is served in your case. Premarital Argeements Prenuptial agreements that are in writing and signed by the party to be charged are generally valid under Florida Law. However, courts will strictly scrutinize marital agreements for good faith and lack of undue influence. A prenuptial agreement must be voluntarily entered into without undue influence or coercion. The agreement must be fair and reasonable, or it must be entered into after full and fair disclosure. Marriage Florida requires a license and solemnization for a valid marriage. To obtain a marriage license, the parties must be of the opposite sex and at least 18 years old. Parties under the age of 18 may marry with parental approval, and parties under the age of 16 may marry with judicial approval. Solemnization may be accomplished by a judge, authorized public official, or religious institution. Domestic Violence Domestic violence means any assault, battery, sexual battery, stalking, or any other criminal offense resulting in physical injury or death to one or household member by another current or former family or household member. An injunction for protection restrains an individual from harassing a family or household member, visiting the residence, removing or interfering with children, or any other activity the court finds necessary to enjoin. An injunction can be temporary or permanent. Termination of Marriage Annulment is the process by which a party seeks a judgment that the marriage is invalid. After a judgment of annulment is entered, the parties are treated as if they had never been married. The grounds for annulment must exist at the time of the wedding. Common grounds for annulment are lack of consent and lack of capacity. Divorce Florida offers a “no-fault” divorce. Dissolution may be granted on a finding that the marriage is irretrievably broken. An uncontested summary dissolution procedure may be used in county court if the parties file an affidavit stating that the marriage is irretrievably broken, there are no minor children, and all of the joint property and joint obligations have been divided. Equitable Distribution, Alimony, and Child Custody and Support A trial judge has great discretion to award property, alimony, child support, child custody, and attorneys’ fees as justice requires. All parties involved in any proceeding involving a request for financial relief (e.g., child support, alimony, equitable distribution, etc.), must prepare, file with the court, and serve on the opposing party certain financial documents (a standardized financial affidavit, certain tax returns, etc.) Equitable Distribution. All marital assets (i.e.,all property acquired by either spouse during the marriage from a source connected with the marriage, plus interspousal gifts) must be distributed equally unless justification for unequal treatment is shown. The court will consider factors such as contribution to the marriage, economic circumstances, interruption of personal career or education by a spouse, contribution by one spouse to the career and education of the other, the desirability of one spouse retaining a particular asset, the length of the marriage, the desirability of retaining the marital home as a residence for dependent children, and misconduct that depleted the marital assets within 2 years of filing. All vested and nonvested benefits that accrue during marriage in any retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans are marital assets subject to equitable distribution. A property settlement from a dissolution is final and not modifiable. Alimony is a support obligation available to either spouse. The court will consider the length of marriage, the standard of living, age, physical and emotional condition of each party, time needed to obtain education or training, financial resources, contribution to the marriage, and all sources of income available to either party. Temporary Alimony is available during the pendency of the litigation, Permanent Periodic Alimony is paid regularly to support a spouse who has neither the resources nor the ability to be self-sustaining. Lump Sum Alimony is an award of a definite sum of money or property. It can be paid at one time or in instalments. It is not subject to modification. Rehabilitative Alimony may be granted to assist a spouse in becoming self-sufficient. Alimony can be modified upon a showing of a substantial change in circumstances or financial ability to pay of either party. Child Custody and Support The standard of awarding child custody, visitation, and support is the “best interest of the child.” The court may order family mediation and/or social investigation by the Department of Children and Families (“DCF”). The court may appoint a guardian ad litem and/or legal counsel for the child. The court considers all relevant factors when determining the best interest of a child. The weight given a child’s preference is affected by the age and maturity of the child. Custody orders may be modified upon a showing of a substantial change in circumstances affecting the child’s welfare. Both parents owe a duty of support to their minor child until the child is emancipated. Determination of the amount will be based on monetary needs and ability to pay. The court used statutory guidelines, which are presumed to be proper. If the court chooses to depart from the guidelines by more than 5%, it must enter written findings and a justification. Child support can be modified upon a showing of a substantial change in circumstances or financial ability of either party. The court has no authority to cancel or reduce a past due installment of child support. If a party defaults on an alimony or support order, the court can issue an income deduction order to that party’s employer, requiring the employer to deduct the ordered sum. Other means of enforcement are available as well. An obligor who defaults on alimony, child support payment, or even payment of attorneys’ fees, can be found in civil contempt of court. An obligor who has been adjudged in contempt for failure to comply with a support order in the past, and who wilfully fails to provide support, commits a first degree misdemeanor.