Divorce Lawyer in Tampa
Divorce can take a substantial toll on all parties involved, frequently being mentally and emotionally exhausting. It can be even more so when children are involved. Many important decisions are made in the divorce process, and these decisions may affect participants for years or even the rest of their lifetime. If you are considering divorce, or have already made the decision to go forward with the process, it is vital that you contact a Tampa divorce attorney at Law Offices of Manuel Fajardo. Our firm has the knowledge necessary to help you through this difficult time.
There are a number of issues that can come up in divorce cases, and these include the following:
Also known as spousal support, alimony can be awarded by the court to a dependent spouse that is reliant on their spouse for income. It can be given in a lump sum or distributed over time. In some cases it is given temporarily until the spouse finishes school or is able to secure a job.
When a divorce occurs one of the decisions that will need to be made is in regards to the children. Which parent they will they live with and for how long is determined. Sometimes one parent will be given sole custody of the child while in other instances the parents will share custody as well as the legal parental rights over the child.
Both parents of a child are legally responsible to provide for their child together. When a divorce occurs this does not negate that responsibility even if one of the parents is not granted rights. Child support is monthly payment that is required by the court to cover the costs of living for their child. It can be awarded to one of the spouses that has custody to ensure they are not left alone when it comes to caring for the child.
The number is growing of people that choose to not get married but live together. Unfortunately like a marriage there can be many issues that arise if they choose to end their arrangement. A cohabitation agreement establishes ground rules up front to protect them in the event that this occurs. It is similar to a prenuptial agreement that will define the rules beforehand if a break up occurs.
While the best option is always that a divorcing couple can agree upon terms themselves, this is not always the case. In these events it will be left up to the court to decide how to award child custody, spousal support and more. If the divorce is contested then it can add further difficulty that will require legal intervention.
In some divorce cases, legal service is needed on a more limited basis. A couple that is looking to avoid going to court which can be costly and time consuming can turn to mediation as an option. This will allow them to sit down with a mediator that will help bring about a compromise between the two. Rather than just being a ruling from the judge, they will be able to have their opinions weighed in.
Enforcement of a Court Order
When the court makes an order, it is a legal obligation that must be followed. Unfortunately they are not always followed and it can be difficult for the courts to enforce every order. In these types of cases legally action can be taken to help the situation. This may be in a case where the father refuses to pay child support that has been ordered.
Many issues are brought up in relation to family law. It can be an emotional situation that can is difficult to effectively deal with. When tensions are high in difficult circumstances, legal assistance may be needed to help resolve issues of adoption, divorce, child support and more. The outcomes of these cases have a significant impact on one’s life and are important to have assistance in.
In a divorce claim it is only fair that father is given the same protection and consideration that a mother is. This can mean that the father is awarded child support, child custody and spousal support among other things.
When it comes to grandchildren the grandparents may not always have direct rights. This can prevent them from being able to see them let alone provide further care for them. While the ultimate authority of a child is granted to the parent, legal action can be pursued for a grandparent to be given rights such as visitation.
With legal separation, you and your spouse can live separately and apart with enforceable court orders concerning child custody, visitation, child support and alimony. Legal separation is advisable for those who want to end their marriages but cannot divorce for religious reasons, as well as for those who want to try to salvage the marriage or who want to test out the terms of divorce.
These cases have unique circumstances that need to be addressed by an attorney with the familiarity and understanding of them. Depending on the situation, these cases can become tricky if the member of the military is in active duty overseas. Have your case reviewed by a professional to determine the best steps to seek a resolution.
Modifications of a Court Order
The original ruling on a case is not always applicable down the line. What was once the situation can vary over the years and may allow for a modification to be sought. Financial situations change and may mean a spouse no longer needs the assistance they once did. A parent may have gotten their act together and not want to be allowed to see their child. When these circumstances are brought about, the court will consider them to see if any change needs to be made.
When a child is born to an unmarried mother, there is no legal presumption regarding the identity of the father. In order to obtain child support payments or rights of visitation and custody, either parent may file a paternity action which involves establishing that a certain man is the biological father of the child.
Prenuptial & Postnuptial Agreements
The outcome of a marriage cannot always be guaranteed. Many will marry their spouse believing that they will always be together only to be faced with an unfortunate end result. When this does occur, various assets can be lost as a result. It is important to defend against this and take any initiative that can be sought to make the guidelines of a divorce clear. It is not only those with a significant amount of money that have something to lose. Almost anyone can be negatively affected. Through a prenuptial and postnuptial agreement, a plan can be made before or during a marriage.
Along with other areas of a marriage that are divided in the event of a divorce, property will also be brought up. A number of factors can influence how it is divided up including the stance of the state on the issue. Florida is an equitable distribution state that holds to the fair division of property among a divorcing couple. Within this however, other issues are looked into to determine with greater accuracy which spouse is deserving of what.
When parents share custody or one parent has custody while the other has visitation rights, it can add difficulty to the issue of moving. Florida prevents a parent from moving their child away from the other parent within a certain distance. Situations arise though where a move can be a necessary such as a new job that is in a different state. Other times a parent may be dealing with a spouse that is trying to take their child farther away which will mean they are unable to see them as often. In any of these instances the court can step in to make a ruling.
Your divorce does not have to go to a trial where the judge will issue arbitrary rulings to determine your future. An attorney from our team can assist you in negotiating with your spouse for an amicable settlement agreement which keeps you in charge of your divorce and which is less stressful, costly and time consuming.
When one of the parents is given custody, the state may still choose to allow the parent without custody the right to visit their child. If the time being given to visit with your child is not enough, a divorce attorney may be able to help. The bond of a child and their parents is an important one and you may not be given the fair amount of time that you need to continue a relationship with your child.
Contested and Uncontested Divorce
Divorce can either be contested or uncontested. Uncontested divorce proceedings involve the parties agreeing on the terms of the separation, and are usually much swifter than those of contested divorces. When the parties involved cannot agree on the terms of the divorce, the proceedings are considered contested, and a resolution often requires mediation, a settlement, or a trial.
In this case of contested divorce especially, it is crucial that you enlist the help of a Tampa divorce attorney from The Law Offices of Manuel Fajardo. Contact our firm today for a free case evaluation.