What is Family Law in Florida? What is the Role of a Family Law Attorney?
- imudialaw
- Dec 30, 2020
- 2 min read
Family law is a diverse area of law as opposed to what many people believe. In Florida, it covers several relationships and disputes between family members, including divorce, alimony, and custody.
This area of law touches on personal issues, and is hence a delicate field. Therefore, you have to invest in a lawyer who is objective and professional when handling issues that may arise in the course of marriage or parenthood.
The best family attorney should be an expert lawyer and counselor. He/ she should discuss the case with you, explain some of the applicable laws, and help you explore the various legal remedies at your disposal.
Family Law in Florida
Generally, Florida has some of the most complex rules. Family Law attorneys in Florida use the Florida Family Law rules and the Florida Civil Law of Procedure. They will deal with cases from different domestic unions, including traditional and non-traditional families.
Areas of Specialization of Florida Family Law Attorneys
Family law attorneys represent clients in different lawsuits that may arise in the course of their unions. These are sensitive issues, and therefore, they work closely with clients to relieve them from stress. Here are the areas of specialization:
i) Divorce
Florida, as opposed to many other states, has tougher divorce laws. You do not have to prove that a partner was unfaithful or committed a faulty ground to be given a divorce. It allows couples to file for divorce if they believe that the marriage has been irretrievably broken down or a partner is mentally incompetent.
There are two types of divorce proceedings, uncontested and contested. The former gives the parties a chance to come up with an agreement. They freely discuss the division of property, child custody, among many other issues. Here, one needs a Family law attorney to help them reach an agreement to minimize the cost and pain.
A contested divorce occurs when the parties cannot have a sit-down and agree. It would be best to have an expert family attorney, or your life will be in chaos.
ii) Annulment
Annulment is the nullifying of a void or voidable marriage. For this to happen in Florida, a spouse must submit a petition before the court, which determines whether the marriage is legally valid or not. A family attorney will simplify this process to reduce challenges. He/ she will also advise you on the filing so that your case does not get dismissed.
iii) Child Support
This is normally one of the most stressful parts of family law practice. Family law attorneys in Florida understand that the child’s well-being is paramount and will fight to ensure that this is upheld. You need a lawyer to help you calculate child support and even get custody of your child.
iv) Adoption
Florida laws allow married couples or single adults to adopt jointly. This is a relatively complex process that may be quite challenging, which necessitates a lawyer.
You will also need a family law attorney in Florida to help you work on prenuptial and post-marital agreements, guardianship, and relocation.
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