Under Florida law, either party can request a divorce because the marriage is “irretrievably broken” or due to the mental incapacity of the parties. Not every divorce is the same and the issues may be unique to your family and your financial situation. Some of the matters determined in a divorce include parental responsibility and timesharing with minor children, child support, equitable distribution of assets and liabilities, alimony, and payment of attorney’s fees. A Final Judgment of Divorce can include provisions that can impact you and your family for many years. Therefore, you should obtain legal representation when going through a divorce to protect your rights and ensure the best outcome in your case.
If you are thinking about getting a divorce or are already in a divorce process, contact the Law Office of Camila Martin, and let’s talk about how we can help your case and help you protect your rights.
Under Florida law, either party can request a divorce because the marriage is “irretrievably broken” or due to the mental incapacity of the parties. Not every divorce is the same and the issues may be unique to your family and your financial situation. Some of the matters determined in a divorce include parental responsibility and timesharing with minor children, child support, equitable distribution of assets and liabilities, alimony, and payment of attorney’s fees. A Final Judgment of Divorce can include provisions that can impact you and your family for many years. Therefore, you should obtain legal representation when going through a divorce to protect your rights and ensure the best outcome in your case.
If you are thinking about getting a divorce or are already in a divorce process, contact the Law Office of Camila Martin, and let’s talk about how we can help your case and help you protect your rights.
If a child is born to an unmarried couple, and paternity was not established under Florida law, the mother of the child is the sole legal custodian of the child, and shared parental responsibility does not apply until an order adjudicating the paternity of the father is entered by the court. The fact that a father’s name appears in the child’s birth certificate is not sufficient to establish his legal rights without a court order. Without the establishment of paternity, a father does not have a legal right to exercise timesharing with the child or prohibit the mother from leaving the state or moving with the child.
If you are the father of a child born outside of the marriage and need your legal rights established, or if the father of your child has filed a paternity action in court, contact the Law Office of Camila Martin and let’s talk about how we can help you in your paternity case.
Both parents have the legal obligation to provide support for their minor child. The amount of child support is calculated based on the Florida Child Support Guidelines. The guidelines are based on a formula that considers each parent’s income, the number of overnight timesharing that each parent exercises with the minor child, the number of children, the cost of health insurance and childcare.
If you need the court to establish child support for your minor child, or if the other parent has filed a child support case against you, contact the Law Office of Camila Martin, and let’s talk about how we can help you with your child support case.
Both parents have the legal obligation to provide support for their minor child. The amount of child support is calculated based on the Florida Child Support Guidelines. The guidelines are based on a formula that considers each parent’s income, the number of overnight timesharing that each parent exercises with the minor child, the number of children, the cost of health insurance and childcare.
If you need the court to establish child support for your minor child, or if the other parent has filed a child support case against you, contact the Law Office of Camila Martin, and let’s talk about how we can help you with your child support case.
It is Florida’s public policy that each minor child has frequent and continuing contact with both parents. In every divorce case where the parties have a minor child, and in paternity cases, the Court requires that the parties have a parenting plan by the end of the case. The parenting plan governs the relationship between the parents relating to the decisions that must be made on behalf of the minor child. At a minimum, a parenting plan must address a timesharing schedule, describe the rights and responsibilities of each parent, how important decisions will be made on behalf of the child, and methods of communication of each parent with the child.
If you need to establish a parenting plan and timesharing schedule between you and the other parent as part of a divorce or paternity action, contact the Law Office of Camila Martin, and let’s talk about how we can help you with a parenting plan that is best suited for your family.
Alimony may be awarded to a spouse that has the need for support if the paying spouse has the ability to pay the support. In determining the type of alimony to award, the length, and the amount of support, the Court looks at various statutory factors. The requesting spouse must demonstrate through evidence that he/she is in need of alimony, the other spouse has the ability to pay, and the statutory factors support an award of alimony.
If you are in a divorce process or thinking about initiating a divorce, and you are in need of alimony, contact the Law Office of Camila Martin, and let’s talk about how we can help you obtain the support you need.
Alimony may be awarded to a spouse that has the need for support if the paying spouse has the ability to pay the support. In determining the type of alimony to award, the length, and the amount of support, the Court looks at various statutory factors. The requesting spouse must demonstrate through evidence that he/she is in need of alimony, the other spouse has the ability to pay, and the statutory factors support an award of alimony.
If you are in a divorce process or thinking about initiating a divorce, and you are in need of alimony, contact the Law Office of Camila Martin, and let’s talk about how we can help you obtain the support you need.
Florida law provides for the “equitable” distribution of assets and liabilities that accumulated during the marriage. Sometimes there is not a clear-cut line of what is marital and what is non-marital or how much each party is entitled to receive after the divorce. Each situation is unique and requires the finding of the assets and liabilities, identifying them into marital and non-marital, valuing them individually, and dividing them equitably among the parties. The division of assets and liabilities can be a very complex issue to present to the Court without legal representation.
If you are in a divorce process or thinking about initiating a divorce, and you and your spouse have marital assets and liabilities that need to be divided, contact the Law Office of Camila Martin, and let’s talk about how we can help you get the equitable distribution you are entitled to.
Relocation means a change from the previous principal place of residence to a new residence over 50 miles away after a case is pending in court or a final court order has been entered. A parent, or another person with custodial rights, must file a petition for relocation before moving. Relocations in Florida are governed by section 61.13001 of the Florida Statutes and the statute must be strictly followed.
If you, or the other parent, are planning to relocate, contact the Law Office of Camila Martin, and let’s talk about how we can assist you through the process of requesting a relocation or objecting to the relocation of the other parent.
Relocation means a change from the previous principal place of residence to a new residence over 50 miles away after a case is pending in court or a final court order has been entered. A parent, or another person with custodial rights, must file a petition for relocation before moving. Relocations in Florida are governed by section 61.13001 of the Florida Statutes and the statute must be strictly followed.
If you, or the other parent, are planning to relocate, contact the Law Office of Camila Martin, and let’s talk about how we can assist you through the process of requesting a relocation or objecting to the relocation of the other parent.
In Family law, issues such as child support, parental responsibility, timesharing, and alimony (unless non-modifiable by agreement or court order), are modifiable if the party seeking a modification can demonstrate a substantial change in circumstances that would require a modification of the terms of the final court order to adapt to the new circumstances.
If you need to modify child support, parental responsibility, timesharing, or alimony, contact the Law Office of Camila Martin and let’s talk about the changes that have occurred that may warrant a modification of the prior court order.
Both men and women can be the victims of domestic violence. Domestic violence can be in the form of mental or physical abuse and include harassment and stalking. If you have been the victim of domestic violence or have a legitimate fear that you are in immediate danger of becoming the victim of domestic violence, you can request that the court enter an injunction to protect you. If you have been the one accused of committing domestic violence against your partner, you should also seek legal assistance to defend yourself in court.
If you are a victim of domestic violence or have been accused of domestic violence, contact the Law Office of Camila Martin, and let’s talk about how we can help you with your case.
Both men and women can be the victims of domestic violence. Domestic violence can be in the form of mental or physical abuse and include harassment and stalking. If you have been the victim of domestic violence or have a legitimate fear that you are in immediate danger of becoming the victim of domestic violence, you can request that the court enter an injunction to protect you. If you have been the one accused of committing domestic violence against your partner, you should also seek legal assistance to defend yourself in court.
If you are a victim of domestic violence or have been accused of domestic violence, contact the Law Office of Camila Martin, and let’s talk about how we can help you with your case.
Prenuptial agreements are entered into by the prospective spouses in contemplation of marriage and become effective once they get married. Some of the issues that can be addressed in a prenuptial agreement include the division of assets and liabilities that are acquired during the marriage, the treatment of appreciation in pre-marital assets, and provisions for alimony in case of a divorce. A prenuptial agreement cannot include provisions of parental responsibility, timesharing, or child support. A postnuptial agreement can be entered into by two spouses to provide for the division of assets and liabilities and address alimony similarly to a prenuptial agreement.
If you are thinking about getting married and need to protect your assets in the event of a divorce, contact the Law Office of Camila Martin and let’s talk about how a prenuptial agreement can protect you.
A collaborative divorce is a family-focused, confidential process that takes place in a private setting rather than in a courtroom. It is a process tailored to your particular situation and allows the parties to work together and find the solutions that are best suited for their family. Collaborative divorce could be a more cost-effective option than having a case go to trial and pay the accompanying costs of a long and contentious litigation. Also, collaborative divorce offers you more privacy because your personal affairs will not be discussed in open court.
If you are thinking about initiating a divorce but would like to avoid a long and contentious litigation, contact the Law Office of Camila Martin and let’s talk about how a collaborative divorce could be the best option for you and your family.
A collaborative divorce is a family-focused, confidential process that takes place in a private setting rather than in a courtroom. It is a process tailored to your particular situation and allows the parties to work together and find the solutions that are best suited for their family. Collaborative divorce could be a more cost-effective option than having a case go to trial and pay the accompanying costs of a long and contentious litigation. Also, collaborative divorce offers you more privacy because your personal affairs will not be discussed in open court.
If you are thinking about initiating a divorce but would like to avoid a long and contentious litigation, contact the Law Office of Camila Martin and let’s talk about how a collaborative divorce could be the best option for you and your family.
Enforcement/Contempt: If you have a Final Judgement or Court Order and the other party is in violation of any of the provisions or you need the court to enforce any of the provisions, you must file a motion with the court to have the other party comply. Demonstrating that a party is in contempt of a court order is not always easy and requires knowledge of the law and the legal process to present your evidence.
If you need to enforce the terms of a final judgment or court order, contact the Law Office of Camila Martin, and let’s talk about how you can enforce the provisions the other party is not complying with.
Mediation is an alternate dispute resolution process that allows the parties to resolve their case without further litigation in court. A mediator cannot give legal advice to the parties but can assist them in coming together to reach an agreement that best suits the particular needs of their family. Florida law requires that the parties attend mediation before the case goes to trial, but mediation is a voluntary process, and the parties are not obligated to reach an agreement. Most cases have the potential to be resolved in mediation when the parties are assisted by their legal counsels and a mediator who can assist the parties in reaching some common ground to resolve their issues without further litigation.
If you are in a divorce process and need to attend mediation, contact the Law Office of Camila Martin, and let’s talk about how we can mediate your case to help you and your spouse reach an agreement without further litigation.
Mediation is an alternate dispute resolution process that allows the parties to resolve their case without further litigation in court. A mediator cannot give legal advice to the parties but can assist them in coming together to reach an agreement that best suits the particular needs of their family. Florida law requires that the parties attend mediation before the case goes to trial, but mediation is a voluntary process, and the parties are not obligated to reach an agreement. Most cases have the potential to be resolved in mediation when the parties are assisted by their legal counsels and a mediator who can assist the parties in reaching some common ground to resolve their issues without further litigation.
If you are in a divorce process and need to attend mediation, contact the Law Office of Camila Martin, and let’s talk about how we can mediate your case to help you and your spouse reach an agreement without further litigation.
It is important for you to have a Will or another estate planning document to instruct your representative of how you wish to take care of your assets and property if you become incapacitated and are unable to manage your affairs or after your death. Having your affairs in order will ensure that your family, and the court, know exactly how you want your estate distributed upon your death. With the right estate planning document, your family can avoid probate in case of your death, and you can provide for your minor children.
If you would like to discuss preparing your estate planning documents, contact the Law Office of Camila Martin, and we can assist you with the preparation of your documents.