In Florida, a divorce is referred to as a Dissolution of Marriage. Florida recognizes two grounds for divorce:
- The marriage is irretrievably broken (cannot be fixed) or
- One of the parites to the marriage has been declared mentally incapacitated for at least 3 years prior to filing the action for divorce.
Furthermore, the law requires proof of Florida residence. The court will require proof that one of the parties to the divorce has resided in Florida for at least 6 smonths prior to filing.
Florida law no longer recognizes the term custody of a child. Instead, the law requires a Parenting Plan which governs the relationship between the child and parent and includes a time-sharing schedule which specifies the times the minor child will spend with each parent.
The Law requires that a parent provide support for his or her child. The amount of child support to be paid is determined by guidelines provided by Florida Law and is found in Florida Statute 61.30.
Florida law favors a time-sharing schedule where a minor child has frequent and continuing contact with both parents.
Relocation of Children
Circumstances may arise that require a parent of a minor child to change his or her principal place of residence from that which existed at the time of the last court order establishing or modifying time-sharing. Court action will be required if the new residence will be 50 miles or more from the current residence and if the change of location will be for at least 60 consecutive days.
A child born during a marriage is presumed to be the child of the husband. In some circumstances, this presumption can be rebutted by introducing evidence to the contrary.
Modification of Orders
New circumstances may arise after a final judgment or final order. In family law, almost all final orders or judgments can be modified. If the parties do not agree to the change, the party seeking the change may apply to the court by the filing of a Motion with the court for a Modification. All modification concerning a minor child must be in the child’s best interest.
If you are the victim of domestic violence, dating violence, repeat violence, stalking or sexual violence you can obtain an injunction. An injunction is also commonly referred to as a restraining order.
Also referred to as a Premarital Agreement, A Pre-Nuptial Agreement is an Agreement between two individuals prior to their marriage and in contemplation of it. This agreement typically addresses issues such as property distribution, support and financial distribution in the event of separation or divorce.
A Postnuptial agreement is an Agreement between spouses during a marriage. Similar to a prenuptial agreement, this agreement contains provision for support, property distribution and any children of the marriage in the event the marriage terminates.
Adoptions – Second-Parent & Stepparent
For many same-sex couples, a second-parent adoption is the only option for both parents to have legally recognized rights to the child. A second-parent adoption allows the parent who is not biologically related to the child to adopt the child.
A stepparent adoption is the formal process by which a current spouse who is not the natural parent files a Petition to adopt the child thereby replacing the natural parent and becoming the legal parent with all rights and responsibilities to the child.
The Law Office of Natalie D. Hall, P.A. is here to assist you in your Second-Parent & Stepparent Adoptions.