Family Law Fundamentals

 

Seeking legal counsel is an essential part of surviving legal domestic matters. Family Law Firms in Tampa recognize the increased need for legal counsel especially with the rising number of cases of divorce, domestic violence, and other family situations that require legal proceedings (child support, custody, alimony, etc.). In order to avoid unjust rulings, one has to recognize their rights to legal representation so as to have full understanding of the technicalities involved in the procedure.

DIVORCE

Divorceis also recognized as the dissolution of marriage. This means that after the court finalizes a decision; both parties once again become “single” and will have the freedom to remarry. This is what differentiates it from legal separation. Legal separation is just the physical separation of two partners but they cannot remarry again because the law will declare it null and void. In Tampa, one can file for divorce if the marriage is found (1) irretrievably broken or; (2) the petitioner declares his or her partner to be mentally incapable of handling the marriage. If the couple has children, then custody and child support will be discussed. Division of property and debts will also be settled in court. If a prenuptial agreement is in existence, proceedings usually run faster. An average divorce case lasts for 3 to 6 months, depending on the complexities of the settlements.

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CHILD SUPPORT

Family law firmscan help clients draft demands for child support and also ensure that the payer observes the agreed upon fee every month. A family law firms can also assist clients in requests for adjustments in the monthly support amount in cases that impede them to deliver the court order. This aspect of family law is a very complex proceeding but in Florida, payments will only stop when the child turns 18. The amount of child support payment will depend on the payer’s monthly income, debts, expenses, benefits, etc. Calculations are based on formulas and guidelines set by the state. If the child is 19 and still in high school, then payments will continue on until he or she graduates.

CHILD CUSTODY

Custodymay be classified into two types: (1) Joint custody or (2) Sole custody. Recent surveys have shown that the parents in Tampa have become more aware of the need to be civil for the sake of the children which is why sole responsibility for the children is becoming a rare case. During these hearings, visitation plans and parenting plans are settled in court. A parent’s time, availability, physical, emotional, and mental capacities are during the planning process to ensure the children continue to experience positive parenting experiences.

ALIMONY/SPOUSAL SUPPORT

This is a separate order from child support. The factors considered when computing for alimony are: (1) Years of marriage, (2) Standard of living prior to the divorce, (3) age, physical, and mental state of both parties, (4) source of income, and (5) debts. Family law firms will be responsible for drafting the requests and demands for their client. Prenuptial agreements are also taken into consideration if one is available.

 

Nancy Roberts Parham, PA210 N. Pierce StTampa, FL 33602 813-228-0219http://www.parhamlawpa.com/ Article written by: Business Local Listingshttp://www.businesslocallistings.com
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