Boca Raton Family Law & Divorce Attorney
Divorces are difficult for every member of the family. Even when the divorce is amicable, life changes drastically. One or both parents move and the children find themselves spending time with each parent on designated days, rather than seeing both parents every day. One parent might have to pay spousal support or alimony to his or her former spouse and child support to cover the children’s living expenses, all while adjusting to a new lifestyle.
If you are considering filing for divorce, contact our team of Boca Raton family law & divorce attorneys at Lavalle, Brown & Ronan, P.A. and we will help guide you through this confusing and difficult time.
Grounds for Divorce
Florida, unlike some other states, does not require one of the divorcing parties to be at fault for the divorce. As long as at least one party has resided in Florida for at least six months and the parties are legally married, a couple can get divorced if they say that their marriage is “irretrievably broken.”
Fault can play into decisions about spousal support and the division of property, though. The best way to determine how fault on the part of you or your former partner will play into your divorce is to discuss your circumstances with your attorney during the process. Contact our Boca Raton divorce attorneys for more information.
Components of Family Law
Divorces are complicated and most every divorce involves hearings and decisions about some or all of the following topics:
- Child Custody;
- Child Support;
- Spousal Support;
- Division of Property;
- Business Valuation;
- Visitation; and
- Name Changes.
There’s no clear-cut divorce solution that works for every single family. Some families can develop their own custody and child support agreements with minimal help from the court, while others need a little bit more structure when developing their divorce settlements.
Florida Divorce Options
Divorcing couples in Florida have two options: traditional and simplified. Most couples have to go through the traditional divorce process, which involves petitioning to dissolve the marriage with the circuit court in the county where the filing spouse lives, if they no longer live together. This process requires the parties to work through their property, child custody, and spousal and child support plans with the court’s help, either through mediation or through traditional litigation.
The other option, a simplified divorce, is available to couples that don’t have any children under the age of 18 and have already worked out their plans for the division of their property. Neither spouse may seek spousal support in simplified divorces. This process can be completed more quickly and is best for couples who can work together amicably to end their marriage.
Boca Raton Family Law FAQs
Our team can assist in divorces and dissolution of marriages, child custody matters and property allocation. We have a sensitive touch for sensitive matters. Lavalle, Brown & Ronan is a law firm dedicated to helping individuals and families resolve issues that can have life-long financial and emotional implications. Family law and divorce are specialized areas that require extensive education, experience in negotiations and strong litigation skills. With Lavalle, Brown & Ronan, P.A. you are ensured representation by a knowledgeable professional who cares about your goals.
We measure our success by the success of our clients. We not only work for you; we work with you. Our goal is to blend your needs with the law to effectively resolve your legal issues. The law is complicated. Your relationship with your attorney shouldn’t have to be.
Why should I get a prenuptial agreement?
In order to protect your assets in the event of a divorce or death. It is commonly used when one party to the marriage has a disproportionate amount of assets compared to the other party and wishes to safeguard those assets in the event the marriage ends in divorce. It is often also utilized in second marriages where one spouse may have children from a previous marriage and wish to protect those assets and how they pass in probate.
What provisions are usually in a prenuptial agreement?
Every Prenuptial Agreement is specific to the circumstances of the parties. However, it is common to arrange for a waiver of the right to claim alimony or a share of assets. In addition, Florida law allows the parties to waive any rights to recover from the other party’s estate in the event of a death and to waive any rights to Homestead property which normally allow a spouse and children to stay in a home for their lifetime.
If I want a prenuptial contract, when should I get one signed?
Florida law allows both a Prenuptial before marriage and a Post Nuptial after marriage agreement; however the standards for each are different. It is generally better and more effective to have a Pre-Nup signed prior to entering into the marriage (having a license and ceremony performed by a licensed individual allowed to administer the wedding oath in Florida) as it is a binding legal agreement and there is no guarantee a party will execute one after the marriage is performed.
Are prenuptial agreements enforceable?
Yes as long as they comply with Florida law in the execution of the document and full disclosure of a party’s assets prior to execution.
How do children born after signed prenuptial agreements factor into property settlement issues?
Children have their own rights that are independent from the married parties. A Pre-Nup cannot negotiate child support issues. In Florida, a party can specifically exclude a child from their estate.
Is there such a thing as a prenuptial agreement after you are married?
Yes it is called a Post Nuptial agreement and there are more stringent disclosure rules.
Is it necessary to have legal counsel in order for a prenuptial agreement to be valid?
It is not necessary but it is advisable to have an experienced Florida lawyer advise you and draft the agreement so it properly complies with Florida law. The legal team at Lavalle, Brown & Ronan can assist you with the drafting and execution of a Pre-Nup agreement.
Boca Raton Family & Divorce Attorneys Can Help
If you sre currently going through the divorce process or considering filing to end your marriage, call the experienced Boca Raton family attorneys at Lavalle, Brown & Ronan, P.A. to discuss your case. You’ll have the opportunity to speak with one of our experienced attorneys who can guide you toward the most productive next step for your divorce. With more than 130 years of combined experience, our firm is one of the oldest and most respected law firms in the Boca Raton area. Call today at 561-395-0000 to start working with our firm.