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I am already separated, what are my rights?

Posted on May 25, 2016

Whether you plan to get a divorce or have no such plans, you can petition the court for temporary alimony and child support.

My spouse committed adultery!

Although Adultery is mentioned in the Florida Divorce Law Statutes, many courts do not consider Adultery as an issue. If you were the victim of adultery, you must be prepared to show the Adultery caused a wrongful financial loss to the marriage. Many times Adultery results in marital funds spent on a third party. If […]

Do moms always get child custody?

Times have changed and a divorcing mom should not take child custody as a sure thing. Many fathers have successfully won child custody. You must make a convincing case that you are the best and most fit guardian of the children. To win child custody, you must make a strong showing in all of the […]

What should I do if I wish to relocate to another state with my children?

In Florida, primary residential parents seeking relocation with their children need to file what’s called a “petition for modification of final judgment” to re adjust visitation schedules and child support obligations for the soon to be out of state non custodial parent. If the relocation is in the best interests of the children, i.e. moving […]

How much child support will I get or pay?

Child support is based on a chart, published by the state. The courts have some leeway. But in practice, child support is a predictable number that can be calculated by either party. The final number is based on the income of both spouses and who is the primary residential parent (primary custody).

My spouse stopped paying child support!

Florida has strong legal mechanisms for enforcing child support. The enforcing spouse must file a motion to place the non-paying party in contempt of court. After a court grants this motion, a variety of enforcement tools are available. Some enforcement measures include jail, suspension of driver licenses, and suspension of professional or trade licenses.

Who gets alimony and why?

Alimony is difficult to predict. While there are no exact guidelines for alimony in Florida law, the law list factors a judge must consider. The most important issues the court will consider are: The lifestyle the couple had prior to the divorce. If possible, a court will divide assets and future income in a way […]

Who gets the house?

The house is up for grabs – equally to both spouses. But the situation changes if their are minor children. A strong preference of the courts is to allow minor children to remain in the marital home. In practical terms that means whoever gets custody gets the house.

How do I get a domestic violence injunction?

You must go to the local courthouse and see the clerk of court. The clerk will give you a document to fill out, called a Petition for and Injunction Against Domestic Violence. A Judge will look at your petition within the next few hours and sign it if you are actually in danger. After the […]

Divorce

Also known as Dissolution of Marriage, every divorce proceeding is unique. We handle straightforward uncomplicated divorces and complex dissolutions. A divorce can involve: Alimony Division of property Complex business evaluation Mutual funds, stocks and securities distribution Evaluation of assets Debt management Pensions/401K Plans Children’s Issues Attorneys Fees & Costs   We can be trusted to […]

Paternity

We represent fathers and mothers seeking relief from the courts to establish parental rights for the purpose of: Receiving child support Establishing visitation, contact and access rights Establishing shared parental responsibility

Child Custody and Visitation

Child custody, support, and visitation decisions are some of the most important aspects of a dissolution proceeding, or paternity for individuals with children. In determining how parental responsibilities are to be shared, a couple must determine: The primary and secondary residence of the children Whether rotating custody is appropriate What the visitation schedule will be […]

Alimony

There are many issues involved in formulating an alimony schedule. Our experience and focus ensures that our clients have the best advice available, regarding: Whether alimony should be permanent and periodic Whether rehabilitative or lump sum alimony is appropriate Whether alimony should not be paid The effects of a long-term marriage versus a short-term marriage […]

Separate Maintenance Agreements

For some married couples, dissolution of marriage is not a possibility. Separate maintenance agreements can be crafted so that a spouse who is separated can still receive support payments.

Domestic Violence Injunctions and Restraining Orders

Our attorneys are available to assist in procuring a Domestic Violence Injunction or in defending an individual against the granting of one. In the state of Florida, a family member who is in imminent danger or who is a victim of abuse by another family member or by a person with whom they have had […]

Enforcement Actions

We represent clients in the enforcement of all agreements that have resulted from the dissolution process, including: Shared parenting issues Contact and access to the children Visitation Child support Property settlement Alimony The contempt power of the courts may be able to be utilized for enforcement.

Post-Judgment Proceedings

We represent clients who are seeking to make an amendment to the agreements that have resulted from a dissolution of marriage or paternity process, including: Emancipation of child Increase or diminishment of child support Changes in the primary residence due to the best interest of the child based on a change in circumstances Modifications of […]

Juvenile Court Dependency Proceedings

We defend against and institute dependency proceedings. In a dependency proceeding, the court looks to see if a child has been abused, abandoned or neglected to determine whether that child should stay in the custody of his or her parents. If you feel that a child is not being properly cared for, a dependency proceeding […]

Prenuptial Agreements

Our goal is to protect and safeguard our client’s premarital assets according to the agreement between the parties. It is of the utmost importance that every aspect of a prenuptial agreement is valid and enforceable because, in general, prenuptial agreements are disfavored by law. We pay particular attention to the drafting and the execution of […]

Grandparent’s Rights

Although grandparent’s rights have been significantly diminished by Florida Supreme Court decisions, our firm is available to advise you as to what rights exist and what remedies are available.

Alternative Dispute Resolution

It is our goal to facilitate an amicable agreement for the parties in a dissolution of marriage. We believe that using alternative dispute resolution reduces the emotional and financial costs of a divorce proceeding. While we are ready and able to take any case to trial, it is important to us to keep our clients […]


This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Contact

Danny Haverman
561-393-0404

Holly Gayle Gershon
561-394-8858

Location

301 Crawford Blvd., Suite 101
Boca Raton, FL 33432

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