Tuesday, July 9, 2013

Family Law and how it affects you


Family Law encompasses many areas of your life.  Here at Figueroa Law Group, our experienced, compassionate and results-oriented staff are committed to helping you navigate and resolve the oft-times complex issues of family law. We handle all aspects of Florida family law including:

  • Divorce/Military Divorce
  • Marital Settlement Agreements, Prenuptial and Postnuptial Agreements
  • Equitable Distribution of Assets and Liabilities
  • Alimony
  • Time Sharing (Child Custody) and Child Support
  • Modifications and Parental Relocation
  • Domestic Violence Injunctions
  • Paternity
  • Collaborative Divorce and Mediation
  • All Aspects of Adoptions 
One of the most common areas of concern is divorce and the related issues of alimony and child support.  The Florida Bar Association offers some guidelines on these subjects, which we will present in a series of posts on this blog.  Let's first take a look at what constitutes a marriage:

"Getting married is more than just pledging to live together until death (or divorce). It is more than agreeing to live away from your parents with another person. It is more than legal permission to have consensual sexual relations with your partner. Getting married is entering into a serious legal relationship that has many diverse consequences on your ownership of your money and possessions; the way you will raise your children; and the way you will relate to your partner. Because this is a serious legal action, the Florida Legislature requires that all persons getting married receive information about what getting married means. When people talk about what it means to be married and how they will handle their finances, children's issues, religious issues, work decisions and the like BEFORE they get married, they have a far greater ability to remain happily married throughout their lives.

Persons who are considering marriage may enter into a written agreement that will determine the economic issues between them should the marriage not survive or should one of them die. Generally, such "prenuptial agreements" may create a special contract between the parties that, if properly entered into after full disclosure of financial information by both parties and without undue pressure being applied by one party against the other, can structure the financial aspects of the parties’ divorce. Although a party cannot agree not to receive child support, and cannot contract away temporary financial support during the pendency of an action, you and your spouse can agree, before you get married, to specific distribution plans for assets and liabilities and for specific spousal support (alimony) if the marriage does not work out. A lawyer who handles family law matters can discuss this with you and help you reach these types of agreements. Even after a divorce, if things change, most types of alimony, child support, and parental responsibility issues may be modified by later court proceedings."   
Reprinted from the Family Law Handbook by the FL Bar Assoc.

Next, we'll look at the Economic Issues of marriage.