Palm Beach County Family Law Attorney

Florida, like all states, has residency requirements for filing for divorce. To obtain a divorce in Florida, either you or your spouse must have resided in Florida, not necessarily together for a minimum of six (6) months before filing for divorce. In the scenario described, you would not meet this requirement and would need to seek a divorce in your home state of New York.

You can certainly get a divorce in Florida, which would have jurisdiction under these circumstances. However, relocating to another state with your children is another issue. Relocation requests that impact parental rights must be presented to the court. If the other party does not give consent for the move, the court will evaluate many factors to determine whether or not you may relocate. The requesting party will have the burden of showing that the move is in the best interest of the children. A court cannot prevent you from relocating, but it may stop your children from relocating. If a move will prevent one parent from participating in regular activities like attending school events and extra-curricular activities, then it may not be in the best interests of the children. If you relocate without permission, you may be forced to return the children to Florida, even if you have purchased property somewhere else.

The term “custody” is no longer used in the state of Florida. Instead, courts award parental responsibilities, including timesharing. The court must always consider the best interests of the children in these decisions. Unless your spouse poses a danger to the children, they will have rights and obligations to the children as you do. A parenting plan, which determines timesharing arrangements, will be entered by the court as part of the divorce.

While some attorneys feel that they can communicate with both parties, we do not. If a lawyer communicates with both parties, no legal advice can be given to either one of them, and as a result, one may make a decision that would be a huge mistake without knowing the full effect. I would not be able to give advice either way. Instead, I can represent one party, review the terms of the agreement already reached, explain the ramifications to that party, and if they still want to proceed, then prepare a Marital Settlement Agreement in accord with the terms already discussed.

Yes, your spouse must be served (possibly through their attorney if they have one). However, we will advise you as to all the steps you can and must take in the event you feel threatened in any way. Your protection and the protection of your child(ren) is of utmost importance to this firm. We understand the problems that arise and are here to assist you as you move forward.

Many people request an “aggressive” attorney. While we can be and certainly are (when necessary) “aggressive,” I prefer to use the term “assertive.  I will always represent your legal interests diligently, always aware of the financial costs and emotional levels involved. An opposing attorney can set various motions and hearings on a regular basis, many of which could be unnecessary, all while acting within the law. This will ultimately cause much more acrimony and chaos during the divorce process and add to the legal expenses. Each time an attorney paid on an hourly basis prepares or responds to a document, attends a hearing, etc., they are billing for their time. HOWEVER, having said that, when the opposition is behaving badly or improperly, this firm will do everything within its power to cause that behavior to stop, including but not limited to seeking sanctions against the other party [and sometimes the attorney too] from the Court, including extra attorney’s fees to be paid by the opposing party.

Many more details are needed before this question can be answered properly. Jurisdictional questions are very complex and depend on many factors. If necessary, this firm provides out-of-state and out-of-country consultations over the phone, after an initial screening has occurred and after you have properly identified yourself to the firm. This caution avoids any attorney/client privilege issues.

Generally, if the value of pre-marital property has increased in value during the marriage, the increase which can be attributed to the labor, contributions, and/or improvements made by the other spouse may be treated as a marital asset subject to be divided as part of equitable distribution.  Remember, that is that portion of the increase to which the other spouse has contributed–Increased value due to market forces are not considered to be marital in nature.

Yes. If the property was purchased during the marriage, it does not matter how it is titled or who paid the mortgage; it is considered a marital asset. There are a few exceptions, such as a prenuptial agreement or if it was purchased with inherited money. Even in those exceptional circumstances, the spouse may be entitled to “increased value” that occurred during the marriage. Note: This answer does not apply to couples who are not married. In that case, property is divided as it is titled.

It depends on the assets. As for real property, if your name is on the mortgage, a refinance may be appropriate. Then, you get paid at that time. As for other funds, certain accounts can be “rolled” into other accounts. We look to see what tax and/or penalties, if any, will apply prior to dividing up these assets. In many situations, we must engage the services of a financial planner, forensic accountant, and/or tax expert to calculate what will be most beneficial.

Generally speaking, if the debt was incurred during the marriage and is not considered a “dissipation of marital assets” (ie, funds spent on an extra-marital affair, etc.), it is a marital debt which will be equally divided.

Marriages of less 10-20 years are considered moderate-term marriages, measuring from the date of the marriage to the date of the filing of the divorce petition. There is no definitive answer to your question, as the court must consider and evaluate many factors in determining an award of alimony. The courts look to the length of the marriage, the ability of one party to pay, the needs of the spouse seeking alimony, the parties’ net incomes, and the amount of funds each party receives after the assets are divided, along with the lifestyle the parties led during the marriage, factoring in whether or not the parties were living within their means. We may engage the services of a vocational expert to determine how much income should be imputed [attributed, even if not working, or working but not up to their potential]to your spouse (if they were working within their capabilities in today’s market), which would lower the amount that you might have to pay. Also, there are many forms of alimony:  durational, lump sum, rehabilitative, bridge the gap, and temporary, all of which can be either modifiable or non-modifiable. Alimony calculations can be very complicated due to the many factors involved. We will be able to discuss all the options with you, depending on your individual circumstances.

You can file a Petition for Modification of Alimony. To do so, you must show a substantial change of circumstances. Certainly, your ex-spouse residing with someone else is a change of circumstances, but the court looks further, such as whether or not the cohabitation constitutes an economically supportive relationship. This obviously could extend to same sex live-in relationships as well.

To modify child support, you must show a substantial change of circumstances since the entry of the last court order regarding child support. If your ex-spouse was behaving in the same manner then as now, it is not likely that anything will change, unless you have new evidence now that you did not have before. However, if you can present to the court that your ex-spouse’s lifestyle has dramatically increased, etc. (even though nothing is in his/her name), the court can infer that they are making substantially more money, can impute income to them, and you can receive an increase in child support.

Unless there is some showing of mistake, clerical error, or something to that effect, the total amount of arrearages cannot be modified. The amount of monthly payment, depending on any substantial change of circumstances, may be modified by either party seeking a change.

Depending on the circumstances, this could be considered a substantial change of circumstances, which may allow for either a change in custody or a change to sole parental decision-making. The courts decide each case, on a case-by-case basis, after considering all relevant factors. Unfortunately, bad behavior by ex-spouses is quite common, and the courts will consider the extent and depth of that behavior prior to making any changes.

If the DNA test (which you will ultimately have to take) proves that you are the father, you are going to have to pay child support, pursuant to Florida Child Support Guidelines. You will also have rights to your child regarding time sharing, shared parental responsibility, and the like.

The state of Florida believes that every child has the right to enjoy the benefits of two parents and that neither parent can “waive” child support, which is the right of the child, not of the parent. The father has rights and will be entitled to have time sharing with his child (unless, of course, he is somehow a danger to the child or it is somehow not in the child’s best interest). He will also be required to pay child support, even if it is put in a trust for your child’s future.

If you have only been married for a couple of months or years and have no children, no property, and no money or assets, you probably can do just that without doing yourself a disservice. If, however, you have children and/or property, money or assets, and if you have read the above listed questions (which is just a short list of the many problems that can occur), you should seek legal assistance and not be penny-wise and pound-foolish. The legal process is very complicated, even with the “correct downloaded forms.” The majority of knowledgeable family attorneys do not use “downloaded, boilerplate” forms. They draft their own motions and pleadings to the custom needs of the individual case, following the parameters of the forms. In representing yourself, any errors made could be considerably more costly to correct than hiring a professional to start with. The thing is, you do not know what you don’t know.

Most successful family attorneys expect an up-front retainer, which can be paid by credit card (which can be paid back to them on installments) or borrowed from wherever necessary. In the State of Florida, the courts look to the ability of one party to pay fees and the needs of the other party to receive assistance for their legal fees. The court will also look to the following, among other factors, before ordering fees paid by one party to the other: 1) whether or not one of the parties is frivolously litigating and 2) whether or not they are harassing the other party through their litigation style. Your attorney will get to court as quickly as possible to request proper and warranted reimbursement of attorney’s fees, to be paid by the other party (presuming they have the ability to pay for the same).

The court will review the history of the relationship between each parent and the children, such as who has been the primary caregiver, how active either parent has been regarding activities, etc. The court will consider drug and/or alcohol issues that either parent may have. The court will also use evidence and factor in any and all information regarding what is in the best interest of the children before deciding on time sharing, including whether or not one parent may be seeking substantial time sharing solely to lower any child support obligation.  The starting point for time-sharing is a 50-50 split, with adjustments made, but remember, Florida law presumes that the best interests of children are promoted by having both parents involved in their lives.

First, you must contact the authorities, such as the police and/or the Department of Children and Families. Depending on the circumstances, you should also obtain a restraining order on behalf of your child, against the parent or step-parent who is or may be abusing the child. Again, depending on the circumstances, you should receive an expedited hearing so the court can determine what is in the best interest of the child.

Retainers and fees are set on a case by case basis. A case with no children and no property will require less legal fees than a case with children and assets. This is justified considering the two most often litigated issues involve both children and/or money/assets. The fee is also dependent on the behavior of both parties and their willingness (or lack of willingness) to be reasonable for a quick and fair settlement. Florida statutes consider the ability of one party to pay for fees and the need of the other party to receive assistance from the other.

Both. An initial retainer will be required for the attorney to undertake representation. The amount of the retainer will depend upon the particular facts of the situation. After the retainer is paid, statements for fees will be sent periodically to the client. The amount of the retainer, costs, frequency of statements, and other rights and obligations of the client and the attorney will be explained in a written fee agreement.

Certain clients have indicated that they have “legal insurance” through their employers. This firm will certainly cooperate in filling out any necessary forms to allow you to be reimbursed by any insurance; however, we do not wait for the insurance to pay. You must make the required payments to our firm and then get reimbursed by the insurance company.