Guide to Florida Family Law

Family law is all of the laws that deal with issues related to families and family relationships. This encompasses a wide range of issues and different types of legal proceedings. A Florida lawyer consultation with a Florida lawyer would help a person understand the issues that are addressed by family law in Florida and how to deal with the problem they have.

In Florida, What Are Some Legal Issues Surrounding Marriage: Prenuptial Agreements, Divorce, Alimony, and Domestic Violence?

Some of the legal issues around marriage in Florida are as follows:

• Prenuptial Agreements: A prenuptial agreement is a contract between two people who plan to get married. Its provision may address a number of issues that arise in marriage. They would be the subject of provisions in a prenuptial agreement as follows:
  • Property: What property the parties may have that should remain as separate property and how any marital property would be divided between them in the event of a divorce
  • Debt: Whether certain debts are separate or marital and how marital debt would be divided in the event of a divorce
  • Alimony: Whether one party would pay alimony, or spousal support, to the other in the event of a divorce and what the terms would be
  • Inheritance Rights: How the couple’s property would be distributed to heirs when they pass away
  • Business Ownership: If one member of a couple owns a business, they may want to protect their sole ownership of the business in the event of separation or divorce, so that the other spouse cannot claim an ownership interest in it.
• Legal Separation: In a legal separation, a married couple agrees to live separately and to conduct their affairs, including financial affairs, separately. However, they do not dissolve their legal marriage. They remain legally married.
• Divorce: In a divorce, a couple dissolves their marriage. They must divide all of their property and debt, and resolve a number of other significant issues, e.g., child custody and child support if they have children, and spousal support.
  • Florida is a “no-fault” divorce state, which means that either spouse may seek a divorce solely because they do not wish to be married any longer. The spouse who wants a divorce may also allege that the other has been mentally incapacitated for at least 3 years.
  • While divorce is no-fault, one spouse’s adultery, if proven in court by the other spouse, can have an effect on custody, property division and alimony.
• Alimony: Alimony is money paid by one spouse to another when they separate legally or get divorced.
• Domestic Violence: If one spouse or partner in a household threatens or inflicts violence of any kind on the other spouse or partner or a child who is a member of the household, that individual may find themselves charged with domestic violence or spousal abuse in Florida. The infliction of physical injury is not required for conduct to be treated as domestic violence. Threats, intimidation, and emotional abuse that create a reasonable fear of harm in the victim can also qualify as domestic violence.
  • The crime can be charged as a felony or misdemeanor criminal offense. If a spouse or partner has been charged or convicted of domestic violence, it can have an effect on results in a legal separation or divorce proceeding. The perpetrator may be subject to a restraining order or protective order. They may fail to win custody of their child. It may have a negative impact on other decisions the court makes.
• Gay Marriage: Gay marriage is legal in Florida, as it is throughout the U.S., after the U.S. Supreme Court said it is a constitutional right in the case of Obergefell v. Hodges in 2015.
• Domestic Partnership: A domestic partnership is a formal legal status for two individuals who share their domestic life but are not married. This status allows unmarried couples to gain certain rights and benefits that otherwise go to married spouses only. While it offers some protections similar to those of marriage, a domestic partnership is not legally the same as marriage.
  • Florida does not have a statewide law that establishes the legal status of domestic partnerships in the state. However, several cities and counties in Florida have set up their own domestic partnership registries to provide limited rights for non-married couples residing within their boundaries.
  • Each local registry is independent, and the rights granted by one of them would only be available within the city or county that maintains it. A domestic partnership in one county might not be recognized in another one. Any benefits conferred would not automatically transfer if partners move. So the benefit of a domestic partnership might be quite limited in scope and effect.

What Are Legal Issues Surrounding Children: Child Custody, Adoption, Child Abuse, and Guardianships in Florida?

If a couple who share a child has never been married or is getting a legal separation or divorce, there are a multitude of issues surrounding the care and support of their child that are likely to come up. Among the issues would be the following:

• Child Custody: A court has to award custody of the child, which is referred to as a “parenting plan.” There are 2 kinds, legal custody, which is the authority to make major decisions about the child’s upbringing, and physical custody, which is the amount of time the child spends with each parent. The standard the court applies is the best interests of the child. There are a number of factors that the court considers if the parents cannot agree on a plan, e.g., how involved each parent has been in the life of their child.
• Child Visitation: In some parenting plans, the child may live with one parent and the other would have visitation. Nowadays, if both parents are fit and willing to care for their child, a child would probably live with each for some number of days.
• Child Support: One parent may have to pay money for the support of the child to the other parent.
• Surrogates: A surrogate is a woman who gives birth to a child for other parents. There may be numerous legal and ethical concerns that are related to surrogate arrangements. An example of a successful surrogacy arrangement is discussed below.
• Child Protection: The Florida Department of Children and Families is the state agency that is responsible for intervening in situations in which a child needs special protection. The Department offers a range of services, such as help for families working through challenges to stay together safely, arranging foster care for a child, and issues connected with transitioning from foster care to independence or adoption.
• Paternity: If the parents of a child are not married, the paternity of the child may be a legal issue that needs to be resolved in court. The biological father’s paternity would have to be established by testing and then the father would become legally responsible for paying child support.
• Adoption: If a child has been adopted, this might give rise to some unique issues in the course of a separation or divorce.

In Florida, What Are Some Other Family Law Issues: Power of Attorney, Inheritance, and Changing Your Name?

Still other issues are covered by family law in Florida. Some of these are the following.

• Power of Attorney: A power of attorney is a legal document which gives authority to one individual to manage the affairs of another. It can be used if an adult is incapacitated and unable to manage some aspect of their life, e.g., their finances or medical care.
• Inheritance: Of course, in most families, inheritance when a parent or parents pass away can be a significant issue. Everyone should have a will that is part of an estate plan, but parents especially should engage in estate planning and devise a plan for how their assets will be distributed when they pass away and who will care for their minor children.
• Name Change: A person can change their name in Florida. They do have to go to court and go through a process that involves appearing at a court hearing.
• Elder Law: Elder laws are a body of laws that address issues that are specific to individuals who are, in general, over the age of 65. This includes rights to Social Security benefits, retirement and pension plans, estate planning and age discrimination.
• Guardianship: A child or an elderly person who has become incapacitated physically or mentally may need a guardian. In the case of a child, appointment of a guardian may become necessary if their parents pass away or otherwise become unable to care for them.
• Mediation: Mediation is what is called an “alternative dispute resolution” process. In mediation, people who are involved in a dispute meet with a neutral person, the mediator, who works to guide them to a resolution of the dispute to which they can agree. It can be a helpful alternative to legal action in a court of law in the right situation, e.g., a divorce in which child custody is disputed.

Do I Need a Florida Lawyer for My Family Law Issue?

If you have one of these issues, you want to talk to a Florida family lawyer. Your lawyer can review your situation with you and tell you what type of legal action could resolve your issue or get you to the result that would work best for your life. They can also represent you in court if there are any conflicts or disputes that need to be addressed.