MARIO GUNDE PETERS & KELLEY

– Attorneys and Counselors at Law –

Brevard County Florida

Answers to Family Law FAQs

Family Law FAQs

June 22, 2023

The following is a list of Family Law FAQs our clients frequently ask us. Family law issues can be complicated, and of course, each individual case is unique. But we are here to help guide you through your specific situation.

If your question isn’t answered here, please call us at 321-631-0506 or emal us for a consultation.

Child Custody

As of July 1, 2023, there is a rebuttable presumption that equal timesharing is in the child’s best interest. A parent who wishes to rebut this presumption has the burden of proving by a preponderance of the evidence that equal timesharing is not in the child’s best interest. The mother and father are treated equally, and the best interest of the child guides all decisions regarding parental responsibility and timesharing. Determination of the best interests of the child is made by evaluating 20 statutory factors affecting the welfare and interests of the particular minor child and the circumstances of that family.

The Florida Child Support Guidelines determine child support. A Guidelines Worksheet is prepared to determine the child support obligation, which is based on each parent’s income, number of children, and number of overnights with the children exercised by each parent. Additionally, child care and health care expenses can be added to the child support calculation.

Child Support can be enforced through contempt. Additionally, you can request that the obligor’s driver’s license and/or professional license be suspended or that the obligor be incarcerated until the amount owed is paid. The Court can enter an Income Withholding Order so that child support is paid directly from the obligor’s employer.

Prenuptial Agreements

Without a prenuptial agreement, Florida Statutes control the distribution of marital assets and liabilities, support, and all aspects of a dissolution of marriage. Prenuptial agreements are helpful if a party wants to protect assets such as premarital real estate, businesses, accounts, or investments.

Divorce

The dissolution of marriage is a complicated topic. Contested divorces can take a year or longer to resolve. Uncontested divorces can be finalized in as little as a couple of weeks. It depends on the issues, whether the parties can agree, or if a trial is required. Trial dockets are very congested, so if a trial is required, it might take several months or even a year to get to trial.

Only property acquired during the marriage (with a few exceptions) is considered marital property subject to distribution. Generally, marital property is equally divided, with each party receiving one-half of the assets and liabilities. This can be accomplished through an equalizing payment or awarding certain assets and liabilities to each spouse.

A knowledgeable divorce attorney can help make sure that you receive all that you are entitled to in your divorce. There are many pitfalls and nuances of the law that can be successfully navigated with an experienced attorney on your side. While you may think that you cannot afford an attorney, you may find that you are paying a lot more trying to fix what happened, if it can even be fixed, than if you had retained an attorney in the first place.

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