(863)
808-1799

Family Law: Dissolution of Marriage and Paternity

Dissolution of Marriage

No one goes into a marriage thinking how they should plan and budget for a divorce. The glitz and glamour of the wedding celebration has come and gone and now all that is left is emotional pain and the question: “How do I get out?”.

A Divorce, also known as a Dissolution of Marriage, is an emotionally charged process, which affects all parties involved, parents and children alike. Divorces can be the most fiercely litigated lawsuits. Families can be viciously torn apart and children can be left in the middle of their parents’ relationship downfalls.

Couples choose to get a divorce for many reasons.  Financial disagreements, infidelity, incompatibility, breakdown in communication, and some have simply fallen out of love—just to name a few.  However, in Florida, the reason does not matter, as Florida is a “no-fault” divorce state.  This means that you can get a divorce without stating why –only citing “irreconcilable differences” or that the marriage is “irretrievably broken”.

At C. Martin Law, P.A., our legal team will assist you with your divorce and advise you throughout the divorce process, including understanding your rights in the following areas:

  • Child Issues
  • Distribution of Marital Assets and Liabilities
  • Alimony/ Spousal Support

Paternity

A paternity action typically involves parties who are unmarried and have conceived a child out of wedlock. By statute, the mother of a child born out of wedlock is the natural guardian of a minor child and is entitled to primary residential care and custody of the minor child. However, fathers have rights as much as mothers and are able to seek court intervention to establish paternity through scientific testing, develop a parenting plan, time-sharing schedule and determine the child support obligation for a minor child.

Child Issues

If there is a minor child in your family law matter, you will be advised of child issues which include parental responsibility, timesharing, parenting plans and child support. Typically parents have shared parental responsibility of their child, unless certain facts are proven which require a parent to have sole responsibility. Additionally, a parenting plan will be established which details each parent’s timesharing schedule with the minor child.

Parents are required to financially support the child(ren). Child support is calculated using a statutory formula that takes into consideration the parents’ income, certain deductions, the timesharing schedule, and other support obligations.

Marital Assets & Liabilities

Using the date of the marriage until the date of separation or the date of filing the Petition for Dissolution of Marriage, the court will determine what assets and liabilities were acquired during the marriage.  It is these marital assets and liabilities that will be distributed to the parties in a manner that is fair and equitable.

Alimony / Spousal Support

A spouse may be entitled to alimony or spousal support.  The Court will consider a spouse’s need for alimony and the other spouse’s ability to pay alimony before alimony will be awarded.  There are several types of alimony, including permanent alimony, durational alimony, rehabilitative alimony, and bridge-the-gap alimony. The type of alimony you may be entitled to depends on the length of the marriage. The length of the marriage is the period of time from the date of marriage until the date of filing of a divorce action.

Need assistance with your family law matter?

With more than 14 years experience in family law, C. Martin Law, P.A. is more than prepared to help you with your legal matter. Contact us today!