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Types of Family
Law Issues
Choose an experienced Orlando family law lawyer
(attorney) to represent your legal rights when
involved in family law litigation or disputes.
Family
law includes many legal issues which relate to a
divorce, legal separation, all issues relating to the
children, property and asset distribution and so on...
On this page
we have provided general descriptions of the various
family law legal issues. These legal issues
may be best served with the assistance of an experienced
Orlando family law lawyer (attorney) in order to
achieve your desired results in family law legal
disputes.
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Divorce / Marriage Dissolution:
A divorce or marriage dissolution is the legal
action of ending a marriage. A divorce can be either
a contested divorce or uncontested divorce.
Contested divorces are when the spouses do not
mutually agree upon the conditions of the divorce
and legally dispute them in order to resolve each
contested family law issue. A contested divorce is
when the spouses generally agree on all stipulations
of the divorce and simply need the conditions to be
legally enacted to amicably end the marriage.
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Child
Support:
Child Support is payment from one spouse to another for
support of the
children after a divorce or separation. Normally, child support
stops when a child turns 18 years old, unless the child is still a
full-time student. Child support cannot be
discharged in bankruptcy and is not considered as income by the
receiving parent or as a tax deduction by the paying parent.
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Child
Custody & Child Visitation:
While the premise is the same, Florida no longer
recognizes the terms "custody", "primary residential
parent", "secondary residential parent",
"visitation" and the like. The terms are now
combined to be referred to as
Parenting / Time Sharing. Basically, the
parent which the child or children resides with has
primary custody, and the other parent typically is
granted visitation rights, as agreed upon and
enacted in court documents.
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Child
Paternity:
Typically speaking, the paternity of a child is sought to be established by a parent once
a child has been born out of wedlock or when there
is a dispute of paternity by a father due to
suspected infidelity. Paternity is sought to be disestablished once
it has been determined that a child is not
the biological child of a parent who has been
adjudicated by a court of law to be the father or when a
child, which is not the recognized father's, has been born to an intact
marriage. A paternity request may also be brought when a
man has a solid foundation to establish that they
are indeed the father of a child, when disputed by
the mother.
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Child
Adoption:
Adoption
is a legal procedure by which a child legally becomes part of a family,
creating a legal relationship, just as if the child had been
biologically born to the adoptive parents. Through the process of
adoption,
adopting parents are able to make a child part of their
family,
legally and unequivocally, taking all rights and obligations of a
natural parent. The adopted child assumes the rights and limitations
of a child born to natural parents.
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Marriage Annulment:
In divorce cases, spousal support is
based primarily on two important factors: need
and an ability to pay. This gives the Florida
courts have the authority to grant spousal
support to either party in a divorce. The
spousal support award could be deemed
permanent or rehabilitative (temporary).
The individual who is requesting spousal
support has to prove that he or she really
needs to be supported and the other spouse
has the financial means and ability to pay that
support
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Equitable Distribution:
When property has been acquired during a
marriage, and that marriage is ending in
divorce proceedings, division of that
property must be negotiated prior to a
divorce being finalized. Property division
(equitable distribution) is extremely
important consideration in any divorce because
acquired property may not only have financial worth
implications, but often also involve sentimental
value.
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Alimony / Spousal Support:
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Modification:
Child Support Modifications:
A parent may make a request to change the existing
court ordered amount of child support owed when a
substantial change in the circumstances surrounding
the support of the child can be effectively
demonstrated to the court. However, any modification
must still be in the best interest of the child or
children.
Child Custody or Visitation Modifications:
A parent may make a request to change the
existing child custody or visitation court
orders is a significant
change in
circumstances exist to warrant a
modification of the current child custody
and visitation orders.
However, any modification must still be in
the best interest of the child or children.
Spousal Support / Alimony Modifications:
A spouse may make a request to change the existing
court ordered amount of spousal support / alimony
owed if they can demonstrate a substantial change in
the circumstances surrounding the spousal support /
alimony which warrants the alteration of an alimony
award.
Post divorce or paternity:
Generally, a 15% or better increase
or decrease in the ordered child support will be
considered a substantial change in circumstances
Each Orlando family law lawyer (attorney) listed on this web site,
is well versed in the laws regarding family law
issues, and is ready to provide you with important
information relating to your family law legal
needs.
Protect your legal rights by
contacting an experienced Orlando family law
lawyer (attorney) today. Your ability to recover
fair compensation may depend upon it.
Experienced Orlando family law lawyers
(attorneys) who professionally represent your legal
rights when involved in family law litigation or
disputes, in Orlando, Central Florida or
throughout the State of Florida, as the jurisdiction
dictates.
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