Family Law

We at Weiner & Associates understand that going through a family crisis is not easy, particularly when matters relating to divorce are involved. Our family law practice includes legal advice and representation in a wide range of family law issues, including divorce, child custody and visitation, child and spousal support, equitable distribution, post-divorce modifications, enforcement actions, and paternity suits. Our primary objective is to ensure that our clients' rights are aggressively protected and especially guard the best interests of  children. in every  case.  If you or a loved one have questions about a family law matter, contact Weiner & Associates today for confidential, personalized legal guidance about your rights and options.

Divorce

In Florida, the official term for divorce is "dissolution." To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the State of Florida before the filing of the petition. Divorce usually involves more than the actual end of the marriage, including questions involving child custody, child support, alimony, and equitable distribution related to the parties' marital property.

Custody/Shared Parental Responsibility

In Florida, as of October 2008, the issue of custody was legislatively amended  inorder to reduce historical custody fights. Still, parenting plans must be resolved and the court will continue to determine custodial scenarios based on the best interest the childe.  Issues of physical, emotional, or sexual abuse or abandonment by a parent are factors that can impact whether a parent is deprived of custody of the child.

Generally, married parents are natural guardians of the child and, when a court evaluates shared parental responsibility, each parent is equally considered. Shared parental responsibility means that both parents have a right to have full information about the child and to share in making major decisions for the child. It is not presumed that mothers are the only parties inherently capable to care for the child, but that fathers are also equally able to parent in the child’s best interests.

Child Support

Child support is defined as a parent's duty to support unemancipated children, by means of monetary support, including maintaining health insurance and being responsible for the payment of health care expenses not covered under insurance and educational expenses. In Florida, the duty to support children has been imposed on both mothers and fathers. The starting point for child support is ascertaining the amount of income that is available to provide for the child, including the custodial parent's income. The amount of child support also reflects the ages of the children and any special needs they may have, including educational expenses, health insurance, and any payments not covered under the health insurance.

Spousal Support

During separation or after divorce, a judge may order one party to pay spousal support to the other. If awarded, the type, duration, and amount of alimony will be determined upon the length of the marriage, the need of one party for support, the ability of the other party to pay the support, and the standard of living the parties have enjoyed together. Other factors considered for granting alimony are the age of the parties; the duration of the marriage; the health, education, and skills of each party; and any other factors identified by the court as relevant to the alimony determination.

Post Divorce Modifications

In Florida, post-divorce final judgments can be modified or enforced after the final decree is entered. When one spouse’s situation substantially changes, a party may attempt to modify the final judgment. Some of the changes are the loss of a job, the securing of a new job, and relocation with the unemancipated child. Alienation of the minor child's affection by the custodial parent over the non-custodial parent or frustrations with visitation may also result in a modification of the final divorce judgment.