Boca Raton Divorce Lawyer

Divorce

Florida is known as a “No Fault” Divorce state. This means that you no longer have to prove grounds to obtain a divorce. All you need to allege in your divorce petition is that be the marriage is irretrievably broken. Not everybody can come into the State of Florida to file for divorce. There is a residency requirement of six months, which is demonstrated by displaying to the judge a Florida drivers license which has an issue date of at least six months before your divorce petition to dissolve your marriage is filed. The Judges in Florida strongly believe in the mediation process, and will generally enter an Order requiring the parties to attend mediation prior to a case coming to the judge for final disposition. In Florida, same sex marriages are also recognized. Alan R. Burton, a Boca Raton Divorce Lawyer, has experience in assisting couples of the same sex in dissolving their marriage.

Equitable Distribution of Marital Assets

Equitable distribution is the process of dividing the marital assets owned by the husband or wife. A marital asset is any asset acquired during the marriage, regardless of whether or not the asset was acquired by the husband or the wife. Marital assets are generally divided equally. Questions of valuations frequently arise in divorce cases. Any asset acquired during the marriage, up to the date of filing the divorce petition will be considered a marital asset. A non-marital asset is any asset acquired prior to the marriage, acquired after the date of filing the divorce petition, as well as inheritances or lifetime gifts.

Alimony

Alimony may or may not be awarded in a divorce case. It depends on many factors. The primary consideration is whether or not the spouse requesting alimony has a “need” for financial assistance, and whether the payor spouse has the “financial ability” to meet those needs. There are currently several forms of alimony in Florida, including Bridge-the-Gap, Rehabilitative, and Durational. Permanent alimony is no longer available in Florida. Recent legislation which became effective on July 1, 2023 abolished permanent alimony.

Timesharing With Minor Children

Timesharing, formerly known as custody, is based on the underlying premise as to what is in the best interests of the child or children. The term “custody and visitation” have been abolished in the State of Florida. The state legislature recognized the negative connotation of those terms. Visitation rights are exactly that. One spouse coming to visit his or her children. This archaic concept failed to recognize that children have two parents, not just one, and both parents are equally as important as the other in the lives of their children. New legislation in Florida effective July 1, 2023 creates a rebuttable presumption that equal timesharing is in the best interest of children. Florida has adopted the concept of shared parental responsibility. The resolution of parental responsibility, whether it be shared or sole, as the circumstances may require, are embodied in a document known as a Parenting Plan. The Parenting Plan also provides for a timesharing schedule, payment of various expenses for the children, including expenses such as extracurricular activities, the allocation of medical expenses, child care, as well as other expenses related to the children. A parenting class will also be required when minor children are involved, regardless of wether the case is a divorce or paternity case.

Child Support

Child Support is an obligation of both parents to support their children. The calculation of child support is not a subjective amount determined by the judge. Child support is an objective amount, calculated by utilizing child support guidelines, which are recognized throughout the state of Florida. Boca Raton, Fort Lauderdale, and Miami all employ the use of child support guidelines, as well as all the other counties throughout the state of Florida. The calculation of child support is based on several factors, including the income of the parties, number of overnights the children spend with each parent, along with various other considerations, including deductible items from each parties income.

If you need an experienced attorney to accurately calculate the correct child support, whether you are the one paying child support or receiving it, you should contact me before your child support is approved by the court.

Modification Proceedings

Nothing lasts forever as the saying goes. This is true with financial obligations as well as timesharing with your children. Alimony and child support, as well as timesharing, can be modified, either upward or downward, depending on the circumstances. A modification commences with the filing of a petition seeking the type of relief being sought in your petition. A prerequisite for filing a modification is to allege a change in circumstances which is unanticipated, substantial and material, and permanent in nature. In addition to a drop in income as an example, there are a myriad of other factors which come into play to support a modification.

Paternity

The issue of paternity frequently arises in the context of a Family Law matter in Florida. Paternity occurs when a child is born out of wedlock. It is important for both the father and the mother to establish paternity at the earliest possible time after the birth of the child. When a child is born and the parents are not married, the mother has all the rights to the child. The father has none. This means she is free to travel wherever and wherever she wants, and can even relocate out of the state. Once the father establishes his paternity, as well as securing a timesharing order, it becomes more of an even playing field. The father is now recognized as a parent with substantial rights. From the mother’s perspective, who will most likely be seeking child support, will first have to establish paternity. Although no marriage exists, Parenting Plans, just like in a divorce case, are required.

Domestic Violence

Domestic Violence cases frequently occur in Family Law cases. They are especially troubling when minor children are caught up in or witness the violence. These cases may be either civil or criminal in nature, depending on the facts involved. The lack of an actual physical touching can even lead to the issuance of an order of protection. If there is a threat of imminent violence, that alone will establish the basis for an order of protection being issued by the court. These situations can have serious ramifications. They should not be taken lightly. An experienced lawyer in Boca Raton should be retained to assist you in these most serious matters.

You Should Confer With an Experienced Boca Raton Divorce Attorney

Divorce is not a simple process as you can readily see from all of the various issues that frequently arise in divorce and other Family Law matters. I am well qualified to deal with all of them. I will be the guardian of your rights. I will protect you through the often complicated judicial process. We are all human beings, and in addition to zealously representing you, I have empathy for your situation. Let me help you. I work on cases in Boca Raton, Palm Beach County, as well as in Broward County and Dade County. You can reach out to me by calling 954-295-9222 or E mailing me at alan@alanburtonlaw.com. Early intervention in Family Law cases will be a substantial benefit for you.