Family law is an area of law that deals with matters related to family relationships. It covers various legal issues impacting families, couples, and children. Family law governs how family-related matters like divorce, paternity, adoption, and custody are resolved.
What Does Florida Family Law Cover?
Florida family law encompasses many areas of law. Here’s a brief overview of the most common areas of family law:
Marriage
Marriage laws in Florida regulate the legal union between two people. These laws address the requirements for obtaining a marriage license and what makes a marriage valid. Florida law also provides legal benefits and responsibilities of marriage, including property rights and certain legal protections.
Domestic Partnership
A domestic partnership is a relationship between two individuals who live together but are not married. Florida does not offer statewide recognition of domestic partnerships. However, some counties and cities provide legal benefits for couples.
For example, Orange County recognizes domestic partnerships. Couples registered as domestic partners can enjoy certain benefits and rights, like hospital visitation and funeral and burial decisions.
Orlando couples can register a domestic partnership with the Orange County Clerk’s Office and the Office of the City Clerk at Orlando City Hall.
Divorce
Divorce, or the dissolution of marriage, legally ends a marriage. This legal process addresses issues such as property division, alimony, and child custody. Florida is a no-fault divorce state, which means either spouse can file for divorce without proving wrongdoing.
Separation
Florida law does not formally recognize legal separation. However, couples may live apart and seek court orders on issues like child support or alimony without getting divorced. Separation agreements can help clarify rights and responsibilities during this time.
Annulment
All marriages in Florida are presumed legal and valid, unless proven otherwise. An annulment differs from a divorce in that it declares a marriage legally invalid. Florida does not have an annulment statute, so common law and case law govern annulments in the state.
Property Division
In a Florida divorce, marital property is divided equitably, which doesn’t necessarily mean the assets will be divided equally equally. The court will consider various factors to determine a fair distribution, including the length of the marriage, the financial situation of each spouse, and contributions to the marriage. Property division can be complex and contentious, especially for couples with significant assets or complex situations.
Pre-Nuptial And Post-Nuptial Agreements
Pre-nuptial agreements are contracts signed before marriage. Prenups outline how assets, debts, and support will be handled in the event of divorce or death. Post-nuptial agreements serve the same purpose but are signed after the marriage has begun.
These agreements can speed up, reduce contentiousness, and reduce costs in a dissolution. They also ensure issues are settled fairly before the couple’s relationship breaks down.
Child Custody And Parenting Time
Florida courts prioritize the child’s best interests when determining child custody. The goal is usually to provide both parents with a meaningful role in their child’s life through shared custody or visitation schedules.
Child Support
Child support is financial assistance paid by one parent to the other to help cover the costs of raising a child. In Florida, a formula determines child support based on each parent’s income, the child’s needs, and the time the child spends with each parent. Many other factors may also be taken into consideration to reach a fair child support amount.
A child support order can be modified as the child grows and their needs change. It may also be modified if the financial situation of either parent changes.
Spousal Support Or Alimony
Alimony, or spousal support, is financial assistance provided by one spouse to the other after a divorce. The court may award different types of alimony, depending on the financial needs of the spouse and the length of the marriage. Florida’s alimony laws were overhauled in 2023, eliminating permanent spousal support. Changes were also made to the minimum length of the marriage to qualify for support.
Adoption And Foster Care
Adoption is the legal process by which an individual or couple becomes the legal parent(s) of a child. Florida law provides guidelines for both private and public adoptions. Foster care, on the other hand, involves temporarily caring for a child until a permanent solution is found.
Paternity
Paternity cases establish the legal father of a child. This process is important for unmarried parents who want to establish a father’s rights and responsibilities. A paternity case may also be brought to correct the presumption of paternity. When a child is born to a married couple, the husband at the time of birth is the presumed legal father.
Grandparent Rights
Under Florida law, parents have the right to choose who can and cannot spend time with their children. However, grandparents may have visitation rights in certain circumstances. Grandparents can seek visitation when a grandchild is removed from their parent’s custody. Florida courts will prioritize the child’s best interests when making a determination.
Guardianship
When someone is unable to make decisions for themselves, the court may appoint a guardian. This person has the right to make financial or personal decisions on behalf of a child or incapacitated adult. Guardians are usually friends, family members, or professionals.
For minors, a petition of guardianship must be filed with the court. For adults, a petition to determine incapacity must be filed instead. A doctor will meet with the adult to determine if they need guardianship and to what extent.
Domestic Violence And Protection Orders
Victims of domestic violence can seek protection through a restraining order, also known as an injunction. Florida law provides several types of protection orders to keep victims safe from their abusers.
Judgment Modifications And Enforcement
In Florida, family law judgments, such as child support or custody orders, can be modified if circumstances change significantly. This ensures that the arrangements continue to meet the needs of everyone involved.
Family courts also handle enforcement proceedings. If someone fails to follow a court order or judgment, including orders related to child custody, visitation, and support, the court can use many enforcement options.
Other Areas Of Family Law
Family law in Florida can involve other types of cases, such as:
- Legal name change
- Emancipation of minors
- Juvenile delinquency
- Juvenile truancy
- Termination of parental rights
- Dependency and DCF cases
The Florida Department of Children and Families (DCF) provides services and aid for the well-being of families and children. It helps families stay together or be united, helps young adults transition from foster care, and helps with adoptions. DCF also receives and investigates reports of abuse or neglect.
A dependency action may be initiated to remove a child from their home and appoint a guardian ad litem. It may involve developing a case plan with required actions and recommended services for children and families, such as counseling and parenting classes. The goal of this process is to reunite children with their families when they are safe.
Florida’s juvenile law, which deals with criminal offenses committed by minors, overlaps with family law. One of the most common issues is juvenile delinquency. The state’s juvenile justice system focuses on rehabilitation, with cases handled by the Office of Family Courts’ Delinquency Division.
What Does A Family Law Attorney Do?
A family law attorney plays a crucial role in helping individuals and families navigate complex legal issues. Family law attorneys help in many ways, such as:
- Providing legal advice on legal family matters
- Drafting or reviewing legal documents like settlements, prenuptial agreements, and parenting plans
- Representing clients in court
- Helping to resolve disputes through mediation and collaborative law
The purpose of family law is to protect the rights of all family members, resolve disputes, and ensure everyone is treated as fairly as possible. A family law attorney provides legal representation and advice to help you make informed decisions for yourself and your family.
Family Law In Florida
Every state has its own court procedures and family law statutes. Rules of court procedure are regulations for how court proceedings are conducted. Lawyers and parties must follow these guidelines in cases within the court’s jurisdiction. In Florida, family law cases like divorce are administered by the Family Law Rules of Procedure.
The Florida Family Court hears family law matters. In Orlando and Orange County, cases are heard by the Domestic Relations or Family Law Division of the Ninth Judicial Circuit Court in Orange County. The Orange County Courthouse in downtown Orlando has several divisions for related matters, including the Marriage and Injunction Divisions.
Below are important aspects of family law in Florida.
- No-Fault Divorce: As a no-fault divorce state, Florida does not require either spouse to prove wrongdoing by the other to obtain a dissolution.
- Equitable Distribution: Florida is an equitable distribution state. This means the court will seek to divide marital assets fairly and equitably, but not necessarily equally.
- Child Support Calculation: Child support is calculated according to the Florida Child Support Guidelines. The state uses an income shares model. Primary factors include the combined income of both parents, number of children, time-sharing, and certain expenses.
Contact an Experienced Orlando Family Law Firm Today
The decisions made in family law cases can profoundly affect the emotional and financial well-being of everyone involved. That’s why having a knowledgeable family law attorney by your side is crucial. The Law Office of Paulette Hamilton Divorce Lawyers is here to help you. Contact our law office today at (407) 420-2311 to talk with an Orlando family law attorney to discuss your case.
