Domestic violence is usually addressed only when it involves an act of physical violence, but many survivors reveal that they suffer as much from verbal and emotional abuse as from physical abuse. If you have been the subject of physical, verbal or emotional abuse in your family and you have questions about the impact of domestic violence on dissolution of marriage, contact our firm to schedule a consultation with a family law attorney who can help you sort out the issues.
Important Information about Your Rights in a Family Law Matter
Provided by the Office of Alan R. Burton, Attorney at Law
If you are contemplating filing for divorce or believe that divorce proceedings may be imminent, you may have a lot of unanswered questions about the law and process. The purpose of this page is to answer your basic questions, so that you have a basic sense of what you want to accomplish when you hire a lawyer.
At the office of Alan R. Burton, I bring over 30 years of experience to men and women throughout south Florida who face divorce proceedings. I take a personal approach with my clients, working one-on-one with you to determine your needs and concerns, so that I can help you identify and implement solutions that accomplish your objectives.
To set up a free initial consultation, contact my office or call me at 954-519-2314 (toll-free at 888-341-5223).
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Experienced divorce attorney in Fort Lauderdale and Boca Raton! At the law office of Alan R. Burton, I have over three decades of experience handling a broad range of divorce and family law matters, including child custody and visitation, child support, alimony or spousal support, and the equitable distribution of marital property. Contact me or call me at 954-519-2314 (toll-free at 888-341-5223) to schedule a complimentary consultation.
Contact divorce attorney Alan R. Burton, with offices in Fort Lauderdale and Boca Raton, to set up a free initial consultation. I have protected the rights of men and women throughout south Florida for over 30 years, handling child custody and visitation, child support, alimony and marital property issues. Call 954-519-2314 (toll-free at 888-341-5223) to set up an appointment.
Family Law - An Overview
Family law is the term applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other. When you are faced with an important life decision regarding a key family relationship, the advice and assistance of a family law attorney, like those at Alan Robert Burton in Fort Lauderdale, Florida, often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of your family law matter.
Typically, family law attorneys assist people in making and breaking family relationships. Specific areas of representation include marriage and relationship planning, divorce, paternity, child custody, and child support. Some family law attorneys also provide assistance in the area of adoption.
Marriage
Marriage is a legal and business union as much as it is a romantic one. Because marriage is a legal and business arrangement, it may be wise to consult with an attorney at Alan Robert Burton in Fort Lauderdale, Florida about the advantages of premarital and prenuptial agreements. Many couples find it helpful to work through financial issues and the potential disagreements such issues can create before entering into a marriage.
Divorce
Divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce restores an individual's right to marry someone else. The process also legally divides marital assets and debts and determines the care and custody of the children. Each state addresses these issues differently. However, most states follow the same basic principles and use relatively uniform standards.
In some states you need to prove fault, commonly referred to as grounds, to obtain a divorce. However, the majority of states allow at least one form of no-fault divorce in which the spouses are not required to prove that the other caused the breakdown of the marriage. If no-fault grounds for divorce are available in your state, either you or your spouse may obtain a divorce, even if one of you does not consent to the divorce. In some states both fault and no-fault divorce are available.
In most divorces, the primary issues to be decided are alimony or spousal support, property division, and, if there are children, child custody, visitation, and child support. When spouses agree on how to resolve these issues, they can usually obtain a divorce quickly. However, in many cases, divorcing spouses have disputes regarding their post-marriage financial arrangements and the care and custody of their children. Property division and alimony are often hotly contested issues in divorce proceedings, but the early advice of a family law attorney may be able to impact the ultimate result favorably.
Child Custody and Visitation
The care and upbringing of children following divorce is often an ongoing source of conflict for divorcing parents. Custody must address both physical custody and legal custody. Physical custody typically involves allocating parental rights and responsibilities regarding the day-to-day care and activities of the children. Legal custody typically involves allocating the legal rights and responsibilities associated with the child's upbringing.
Sometimes the parents agree to an arrangement; sometimes the court determines one for them. In the past, courts routinely gave mothers physical custody and gave fathers visitation rights. Today, the courts have begun to realize that sometimes it is in the best interests of the children to reside with the father and reverse the roles of the parents. In general, the courts favor joint ongoing child rearing responsibilities with the children residing where it is most practical and where they will flourish. The advice and assistance of a family law attorney can help parents to establish child custody and visitation agreements that focus on the interests of the children.
Child Support
Parents must financially support their children. That obligation usually lasts until the child reaches the age of majority (usually 18 or 21 years old depending on state law) or becomes self-supporting. An order for child support may be entered during or after a divorce, and either parent may be ordered to pay support depending upon how custody is arranged. In most states, an unmarried mother may also file a petition for child support in family court, and an order for support will be entered once paternity has been established.
A parent who fails to remain current on his or her child support obligations faces significant penalties. Every state has a child support enforcement office that works with the family court to suspend professional or business licenses, take away driver and recreational licenses, require payment of future owed sums in advance, or place non-paying parents in jail when child support obligations are overdue. Because of the state specific requirements involved in child support, parents can benefit from the advice and involvement of a family law attorney at Alan Robert Burton in Fort Lauderdale, Florida when child support issues arise.
Adoption
Every adoption, whether foreign or domestic, requires the action and approval of a court to become final, and each state has its own adoption policies and procedures. Most states have measures in place to assess the fitness of the adopting parents. Adopted children generally receive all the benefits afforded to natural children, and parents owe adopted children the same legal duties of care and support owed to a natural or birth child of the marriage.
Each state has its own policies and procedures controlling child adoption. Most states have measures in place to assess the fitness of the adopting parents. Upon adoption, adopted children generally receive all the benefits afforded to natural children and parents owe adopted children all the legal duties of care and support owed to a natural or birth child of the marriage. A family law attorney who offers adoption-related services at Alan Robert Burton in Fort Lauderdale, Florida can help both adoptive and birth parents throughout all phases of the adoption process.
Conclusion
Family relations create a host of legal consequences. Whether you are contemplating marriage or divorce or are considering adoption, a family law attorney at Alan Robert Burton in Fort Lauderdale, Florida, can explain the laws that apply to your particular situation and help you to make the best choices for you and your family.
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