Family Law

The umbrella of family law includes exactly what the term implies; those cases pertaining to family relationships and the legal issues that arise as they evolve. This includes dissolution of marriage (divorce), alimony, child support, child custody, adoptions, termination of parental rights, and paternity.

For the past 17 years, our office has handled family law issues with the care, compassion, and aggressiveness that they deserve.

Coronado Law Group provides a team approach to handling family law cases and we make you the center of that team. It is our priority to educate our clients on all the intricacies of the legal process, the law, and practical aspects of dealing with family conflict.

By providing you with the legal tools and information, it is our hope that we will craft the best resolution for your family. Within in our additional resources page, we have provided links to several free self-help information and forms that can help get the process started.

Researching Issues in Family Law?

Check out the Resources and Articles Below!

ESTATE PLANNING. Explore the impact of temporary standing orders in divorce cases and their alignment with Florida’s Probate Code in this insightful article. Temporary orders can significantly affect estate planning, especially regarding beneficiary designations for retirement plans and life insurance policies during divorce proceedings. The article raises essential questions about the constitutionality of these injunctions on estate planning and suggests that standing orders should better reflect the Probate Code, striking a balance between property rights and financial protection for surviving spouses. For a comprehensive understanding of this critical issue, please read the full article by clicking the link provided. Estate Planning Issues in a Divorce Situation II: An Update and Standing Orders – The Florida Bar

MENTAL HEALTH. Amid the often overwhelming emotional and legal complexities of divorce, the impact of mental health can be profound. This article explores the pivotal role mental health plays in family law cases, offering insights into how it influences decisions related to child custody, alimony, and contractual matters in Florida. By dispelling common misconceptions, it guides divorcing individuals and their attorneys on understanding and addressing mental health concerns in the legal process. If you’re navigating a divorce and want to empower yourself with knowledge and guidance on this vital topic, follow the link to read the full article. Your understanding can make a significant difference. Mental-Health Issues in Florida Family Law, Part 1 – The Florida Bar and Mental-Health Issues in Florida Family Law, Part 2 – The Florida Bar

COLLABORATIVE LAW. Discover how Florida’s Collaborative Law Process Act, in conjunction with newly adopted rules, is revolutionizing the practice of family law. Effective since July 1, 2017, this article demystifies the legislation and delves into its impact on divorce and paternity cases. It also addresses the unique role of mental health professionals in this collaborative process. Importantly, the article outlines crucial aspects like initiating, continuing, or terminating the collaborative process, along with the responsibilities of attorneys in recognizing and addressing domestic violence issues. Embracing this transformation in family law can lead to more efficient, private, and relationship-preserving resolutions. For in-depth insights and the future of collaborative law, read the full article by following the link. Empower yourself with this innovative approach to family dispute resolution. The Collaborative Law Process Rules: This Is How We Do It – The Florida Bar

MANDATORY DISCOVERY. Mandatory discovery, governed by Florida Rule 12.285, plays a pivotal role in dissolution proceedings. It ensures that both parties obtain essential information about assets, debts, and other relevant details, crucial for a fair resolution. Gathering this data is fundamental in reaching a just outcome. We’re here to guide you through this process, making it as smooth as possible. If you’re navigating a dissolution and need expert assistance, don’t hesitate to contact us. Let’s set an appointment to discuss your case and ensure you have the vital information needed for a successful resolution. Your future deserves the best support. Call 386-427-5227 or email us at INFO@CFLLawyer.com.

DURATIONAL ALIMONY (2023).

Florida law provides for durational alimony as a specific form of financial support in divorce cases, serving to assist one party economically for a predetermined period. Durational alimony ceases upon the death of either spouse or if the recipient chooses to remarry. This type of alimony can be modified or terminated due to substantial changes in circumstances, following guidelines set out in Florida Statute s. 61.14. Notably, durational alimony is not an option for marriages that lasted less than three years. Furthermore, its duration generally cannot exceed the length of the marriage unless exceptional circumstances apply.

To specify the maximum allowable duration, the law categorizes marriages as short-term, moderate-term, or long-term, each having different limits on the potential length of durational alimony. In particular, it cannot exceed 50% of the length of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage. Nevertheless, under exceptional circumstances, the court can extend the term of durational alimony.

These exceptional circumstances must be supported by clear and convincing evidence and take into account various factors. These factors include the obligee’s age, employability, and available financial resources, which can influence their self-support capabilities. Mental or physical disabilities can also be considered, and if the obligee is the caregiver for a mentally or physically disabled child common to both parties, this can impact the decision. The extension of durational alimony ends when the child no longer requires care or upon the child’s death, unless another factor from the list applies.

In terms of calculating the amount, durational alimony is determined based on the obligee’s reasonable needs or an amount not exceeding 35% of the difference between the parties’ net incomes. Net income is computed in accordance with Florida Statute s. 61.30(2) and (3), with spousal support paid as part of a court order being excluded from the calculations. Durational alimony serves to provide financial stability and assistance during a transitional period following a divorce, ensuring a fair and just resolution of the marriage dissolution proceedings in Florida.

PICK YOUR PATH (10/2023).

Are you facing a contested divorce in the State of Florida? You have two distinct paths to choose from, each tailored to different needs and desires during the process and its ultimate outcome. Take a moment to explore both options and determine which aligns more closely with your circumstances.

Path 1: The Litigation Model

The first method, often considered the traditional approach, is the litigation model. It begins with one party filing a petition for the dissolution of marriage, essentially initiating a lawsuit. This path involves both parties engaging in an adversarial battle, where they pour substantial financial resources into their respective attorneys, preparing for a courtroom showdown. The process includes costly depositions, exhaustive scrutiny of financial records, the hiring of competing experts, and results in significant emotional and financial strain on the family.

The culmination of this arduous journey is a judge’s decision, which can leave both parties dissatisfied. This is because the judge’s decision is bound by Florida family law, regardless of what may truly be best for the family. If you’d like to learn more about the litigation model, you can read about it here.

Path 2: Collaborative Law Process

The second option, gaining momentum in recent years, is the Florida Collaborative Law Process, established in 2016 and codified in Florida Statutes 61.55 through 61.58. Let’s delve into the collaborative process and explore why it might be a suitable choice for your contested divorce.

The collaborative law process is unique in that it is nonadversarial, aiming to preserve the working relationship between the parties while minimizing the emotional and financial burdens associated with litigation. This process assembles a team of professionals to privately address the couple’s issues. The team comprises the parties themselves, collaboratively trained attorneys for each party, a neutral facilitator, and a neutral financial professional. The team’s objective is to explore the goals, interests, and viable options for achieving them, with decisions made by the couple rather than a judge.

The collaborative process, by agreement, mandates shared experts, full disclosure, and complete confidentiality among the team members. Importantly, it is designed to keep all parties out of court. Attorney-client confidentiality remains intact for private communications between the attorney and their client. To begin the process, both parties hire collaboratively trained attorneys. These attorneys help select a neutral facilitator and financial professional. Once the team is assembled, all parties sign a collaborative agreement, and the professional team initially meets without the parties. Subsequent meetings involve both clients and their professional team. They work collaboratively, meeting as needed, until they arrive at the best options to resolve their issues.

Upon issue resolution, the attorneys collaborate to draft a comprehensive settlement agreement, which may include a detailed parenting plan if there are children involved. Once signed, the attorneys inform the court that the parties have successfully resolved their issues through the collaborative process, leading to a final judgment that legally declares the parties divorced.

The collaborative process is an excellent choice for parties dealing with issues they can’t resolve on their own, whether they pertain to parenting, finances, or a combination of both. If you have more questions, the Collaborative Family Law Group of Central Florida offers an informative FAQ section.

Take a moment to consider your unique needs and desires with an attorney to ensure that you select the path that best aligns with your circumstances and priorities in this challenging time.

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221 North Causeway, Suite A
New Smyrna Beach, FL 32169

386-427-5227

386-423-3909

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Coronado

Coronado Law Group - New Smyrna Beach, FL