To apply for a divorce in Florida, the couple must have stayed in Florida for at least six months before applying for divorce. Uncontested divorces require a marital separation agreement and a short hearing. Contested divorces usually take a long time and are difficult to deal. Filing for divorce needs to be made either in the region where the couple currently resides or in the place where they last stayed together.

Divorce becomes more complicated when the couple has minor children from their marriage and both fight for the custody of the children or child. The decision of the custody is always taken in the welfare of the child. The non custodial parent is responsible to pay for child support to the custodial parent. The percentage of child support to be paid is decided taking into consideration the salary of custodial parent as well as non custodial parent, needs of the child, age of the child, standard of living etc.

According to the family law of Florida, a legal father is responsible for all the rights as well as responsibilities towards the child. The husband of the woman delivering a child becomes a legal father even if the child was born of her relation with some other individual. He will remain as the legal father until the biological father claims for paternity of the child. The court then decides about whether or not to establish paternity of the biological father depending on the best interests of child.

Unmarried parents living together have separate rules for separation. According to Florida law, if the man is not married to the child’s mother during birth, he has no right to claim for custody even if his name appears on the child’s birth certificate. Such men should file for paternity after undergoing a paternity test through DNA testing.

Sometimes domestic violence becomes the cause of divorce. Abusing the spouse is a serious crime and hence can be filed in court. There are a number of criminal defense lawyers to help out.

Although it is better to avoid separation, but when it becomes a must, take proper steps by knowing the laws before hand.

Each and every one of us will, at some stage in our lives, be affected by family law, whether it is the legal ramifications of forming a union with our chosen partner, the dissolution of that union, how the children of the union are affected or simply inheritance issues following the death of a family member.

As most issues relating to family can become contentious at times, it is crucial that there are laws governing all aspects of family relationships. Most of us will become far too angry or upset to deal with a breakdown in a family relationship, and this is where family lawyers are invaluable. They deal with the client’s needs even-handedly, following the letter of the law every step of the way.

Marriage

Marriage is basically a formal contract between a man and a woman that effectively sets out the rights and duties of each. In South Africa, we have laws governing civil marriage, Christian marriage, marriage by Muslim or Hindu rites, African customary marriage and even same-sex unions.

There are also several other unions that enjoy similar legal status to marriage, including cohabitation, common-law marriage, civil unions and domestic partnerships, all of which have dedicated laws dealing with the finer intricacies of each.

Divorce

Sadly, a growing number of unions end in acrimony, but fortunately there are also formal decrees that govern the dissolution of any partnership. Divorce is a legal dissolution of a marriage and in South Africa there are only two grounds for divorce:

The latter speaks for itself, but with irretrievable breakdown, one or both partners have to prove in a court of law that the marriage is beyond salvaging. Evidence may include

Our children

In all instances, it is crucial that both partners engage family law attorneys so that they can be apprised of their rights. Sadly, it is often the children of the marriage or union that are most affected by the breakdown and family law will give clear direction with respect to custody and child support.

Family law is also critical in all aspects pertaining to children, such as whether they are born within the confines of marriage or not. Issues such as paternity, legitimacy, adoption, foster care and legal guardianship are also dealt with within the realm of family law.

A family law attorney is a professional that specializes in matters when things go wrong in a family.  This type of attorney can help out with any number of issues that you may be going through so it might be a good idea to just schedule an appointment with them to discuss the issues that you are dealing with and to see if they can be of any assistance.

One issue that a family law attorney can help out with is if you are a parent and you are fighting with the other parent for custody of your children.  This type of battle is often very personal for everyone involved and can become highly emotional.  With this, you might be thinking of representing yourself but it might not be the best route to take especially if you do not feel that you can keep your emotions in check throughout the hearing.

Another time that a family law attorney might be of use to you is if you and the other parent of your children are trying to figure out support payments.  These types of cases are also highly emotional because you are battling over the well being of your children and how much one parent is going to pay and how much the other parent will need to receive each month in order to cover the costs of raising the children.

Again, there are many more instances where a family law attorney can be of immense help to you if you are dealing with family issues so you might want to make an appointment with one if you do not think that you can handle the situation on your own or if you need advice on how to proceed from the point that you are at.  They will likely have a great deal of advice on how you should proceed and will give examples of how they can help you out along the way.

Shop around for an attorney just as you would a doctor. You want them to be knowledgeable in family law but you also want to feel comfortable working with them. Some things to consider besides their expertise in family law:

The Initial Consultation:Many attorneys offer a free initial consultation. This is usually half-hour to listen to an overview of your case and give you options on how to proceed.-Create a “cheat sheet” – Write down the main facts of your case and put them in chronological order. Also, list the questions you have about your case. Bring it to your initial consultation. Refer to your sheet when speaking with the attorney. It will ensure that you don’t forget to tell the attorney something important.Some Questions to Ask in the Initial Consultation:

Some attorney’s charge by the hour and some will charge you one lump sum when your case is completed. Some of the common ways lawyers bill for their services:Retainer Fee: advance payment to the lawyer for a portion of their fee.Contingency Fee: an agreed upon percentage of any money obtained through settlement, trial or negotiation.Hourly Fee: the lawyer’s hourly rate. They will take their hourly rate and multiply the number of hours worked on your case.Fixed Fee: a specific amount of money charged for a specific service.Cost advance: reoccurring advance payment for on-going expenses related to the case.Mixed fee: A combination of contingency and hourly fees.How Will the Attorney Bill Me?If the attorney charges an hourly fee ask how often they bill. A monthly invoice is common. Ask for a detailed monthly billing statement that specifies what services the attorney provided and how much time they spent on each service. Do not accept a bill that says: ” service rendered.” This doesn’t tell you what you are being charged for. Be assertive. If you don’t understand your bill ask the attorney to explain If the attorney charges a fixed fee ask if they have payment plans. Paying a little each month is easier to budget than paying one lump sum.Hiring the Attorney:When you decide to hire an attorney you will sign a retainer agreement. This is a document that states what services the attorney will perform and what the fees for the service will be.If you accept the fees and understand the services to be performed then, and only then, should you sign the retainer. Find out if the quoted fee includes court costs, copying costs, and filing fees or if these services will be extra charges.Do not sign the retainer unless you understand all the terms of the agreement!After You Have Hired the Attorney:-Be prepared and organized for each appointment.-Obtain the documentation your attorney has asked for.-Put in writing what you want out of the case. For instance, what property you want, how much child support, etc. Give this to your attorney. Ask what problems you face in getting what you want.-Create a folder labeled “Attorney”. Keep all correspondence and documentation relating to your case in the file so it will be easily accessible.-Write down what you want to ask your attorney before you call him. This will ensure you don’t forget anything. It will also help you stay on track since most attorneys will charge for time spent on the phone.-Listen carefully to what the attorney says and make notes if necessary so you can review them later.Selecting and hiring an attorney is an important decision. You should research your selections carefully. He should be receptive to your questions and keep you informed about each step in the proceedings. If you do not feel that your attorney is representing you in the best possible manner than dismiss his services and find another attorney. Remember, the attorney works for you!

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Affidavit – a formal statement made under oath in court.

Ancillary Relief – financial orders that a court can make in addition to a petition for divorce.  Applying to England and Wales, ancillary relief is a financial claim brought by a spouse through the courts when petitioning for divorce.

CAFCASS – Children and Family Court Advisory and Support Services.  A meeting with a CAFCASS officer will be arranged if an application to the court is made for any order affecting a child, such as contact or residence.

Civil Partnership – the Civil Partnership Act 2004 means that same sex couples may now register their partnership and acquire rights and responsibilities similar to those of a married couple.

Clean Break – a one off order that outlines financial arrangements between a husband and wife.  There can be no subsequent claim for maintenance even if circumstances change.

Conciliation – a type of mediation that takes place in court and helps couples to sort out arrangements for their children.

Contact – the arrangement for a child or children to visit the parent who no longer lives with them after the divorce has taken place.  Contact can also refer to indirect contact such as phone calls and letters.

Cross-petition – a situation where the arguments put forward as grounds for divorce differ between the Petitioner and the Respondent.

Decree Absolute – Follows the decree nisi and is the final order issued by the court bringing a marriage to an end.

Decree Nisi – a provisional order issued by the court.  The decree nisi is the first stage of the divorce and shows that the court is satisfied that the grounds for the divorce have been established.

Disclosure – the process of providing to the court full financial details about a person’s income, assets and liabilities.

Injunction – a court requiring or preventing a person from taking an action.  Penalties are generally set in place for people not abiding by the order.

Joint Tenancy – a form of shared ownership of a home or other property.  When two or more people own a property as joint tenants and one owner dies the other owner automatically takes ownership of the deceased owners share.

Maintenance – the money one spouse pays to the other for ongoing financial support.

Mediation – a process in which an impartial third person assists those involved in a divorce to reach an amicable agreement.

Occupation Order – a court order confirming or denying an individual’s right to occupy a property.  The occupation order can exclude a spouse from a home or a certain part of it.

Pension Sharing – the division of a pension fund between two spouses.

Petition – a document outlining a request for a divorce.

Petitioner – a person who initiates divorce proceedings by filing a divorce petition at court.

Premarital Agreement – a formal written agreement entered into by a couple before marriage setting out how assets will be split in the event of divorce.  Also known as a prenuptial agreement.

Residence Order – a court order that states where and with whom a child will live after the divorce of their parents.

Separation Agreement – a written agreement set out by a couple recording the financial agreement that they have reached.  A separation agreement will normally be upheld by a court but it may be set aside if there has been a significant change in one party’s circumstances.

Statement of Arrangements for Children – sets out proposed arrangements for children after the divorce.  The form is sent to the court along with the divorce petition.

Without Prejudice – a way of preventing the court from knowing about any prior negotiations between a divorcing couple that did not result in an agreement.