Lakewood Ranch Family Lawyers
No two families are alike, and so, no two family law cases should be handled exactly the same way. Some clients come to our law firm ready to negotiate a fair settlement, while others are facing highly contested disputes involving children, property, or financial support. Our attorneys take the time to understand your goals before developing a legal strategy designed specifically for your circumstances.
Whether you are filing for divorce, responding to a petition, modifying an existing court order, or seeking to establish parental rights, every decision that you make today can affect your future for years to come. Our Lakewood Ranch family law attorneys work closely with our clients to explain each available option, answer questions promptly, and provide practical guidance throughout the legal process.
At Luhrsen Goldberg, we are fierce advocates for clients dealing with a range of Florida family law matters. Our goal is to help our clients resolve their case in a way that makes sense for them, whether that means negotiating a settlement or taking your case to court. Contact our law firm today to set up a free initial consultation with a Lakewood Ranch family lawyer.
Helping Clients Resolve Both Simple and Complex Family Law Matters
Some family law cases involve just a few issues and can be resolved quickly through negotiation. Others involve substantial assets, business ownership interests, retirement accounts, complex parenting disputes, or allegations of misconduct.
Our attorneys are equipped to handle matters involving:
- Contested and uncontested divorce
- Parenting plans
- Parenting time disputes
- Adoption
- Child support establishment and modification
- Alimony/spousal support
- Property division
- Enforcement of court orders
- Relocation requests
- Paternity actions
- Domestic violence matters
- Post-judgment modifications
No matter how straightforward or complicated your case may appear, experienced legal guidance can help you avoid unnecessary delays and costly mistakes.
Divorce/Dissolution Of Marriage
In Florida, a divorce is called a “dissolution of marriage.” Florida is one of the many states that have abolished fault as a ground for dissolution of marriage. The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. The reason for the irretrievable breakdown, however, may be considered under certain limited circumstances in the determination of alimony, equitable distribution of marital assets and debts, and the development of the parenting plan.
Parenting & Child Support
In determining parental responsibility, the court will approve or devise its own Parenting Plan, which includes responsibility for the daily tasks of child-rearing, the time-sharing schedule, and decision-making authority relating to health care, school and related activities. The plan typically also addresses other common parenting issues including , for example, how certain child-related expenses are to be split between the parents. The parents may agree on a Parenting Plan and submit it to the court for approval, or the court will determine these issues. The statute includes a list of factors for the court to consider in making these decisions.
You and your spouse each have a responsibility to financially support your children in accordance with your income and their needs. Child support may be by direct payment to the other spouse or may be paid through the State. Ordinarily, the obligation to support your child ends when that child reaches age 18, graduates high school, marries, is emancipated, joins the armed forces, or dies.
Dividing Up Marital Property – Assets & Debts
One of the most difficult and complex areas of dissolution of marriage is the division of assets and debts. Assets may include cars, houses, retirement benefits (pensions and 401(k) plans), business interests, cash, stocks, bonds, bank accounts, personal property, and other things of value. Debts (also called “liabilities”) include mortgages, car loans, credit card accounts and other amounts of money you and your spouse owe to third parties.
There are two types of assets and debts in Florida — non-marital and marital. Generally, any asset or debt acquired during the marriage is considered marital and subject to distribution. The parties also may have assets or debts that are considered non-marital and should be awarded to only one party. Some assets or debts may have marital and non-martial components; some assets acquired during the marriage may remain separate, non-marital property.
Alimony/Spousal Maintenance
After equitable distribution, the court may consider an alimony award. The court may grant alimony to either spouse. For the court to award alimony, the requesting spouse must demonstrate a need for alimony and the ability of the other party to pay. Once the requesting spouse has established a need and an ability to pay, the court must determine all relevant factors to determine the property type and amount of alimony to award.
For purposes of determining alimony, a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration of greater than 10years but less than 20 years, and a long-term marriage is a marriage having a duration of 20 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
Same-Sex Marriages
The laws and legal procedures for a Florida divorce apply equally to both same-sex and opposite-sex couples. As an initial matter, certain criteria must be met for a Florida court to have jurisdiction over a divorce action. First, the parties must be legally married to each other. A valid marriage certificate issued by any state is sufficient proof of a legal marriage. Second, residency must be established.
To satisfy the residency requirement, at least one of the parties must have resided in Florida for six months prior to filing the petition for dissolution of marriage. Finally, there must be grounds for divorce. Florida, like many states, provides for no-fault divorce, which only requires one party to prove that the marriage is irretrievably broken. If you meet these qualifications, you can get divorced in Florida.
Tax Considerations
There are important tax considerations and ramifications in any dissolution of marriage, including the dependency deduction for children, taxability and deductibility of child support and alimony in their various forms, and effects of property transfers. In addition, issues as to how tax deficiencies arising from prior jointly filed tax returns will be handled should be considered. In short, it is important to understand the tax consequences of your settlement agreement before finalizing your dissolution of marriage. It may be too late after the signing of a marital settlement agreement or entry of a final judgment to correct mistakes that have been made. You may want to obtain the services of an accountant or other independent tax professional in conjunction with your attorney to become better informed about this part of the dissolution process.
Enforcement & Modification Of Child Support
An order to pay child support can be changed (or modified) by the court or administrative agency that issued the order if the circumstances of either parent change after the order is issued. Until an order is changed, terminated, or vacated, the amount ordered is owed and legally enforceable. The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances. In most cases, before an order can be changed, a parent’s change in circumstances must be substantial, permanent, and involuntary.
If it has been less than three years since the support order was issued, reviewed, or changed, a substantial change means that the change in circumstances would cause a change in the order amount that is at least 15 percent but not less than $50. If it has been more than three years since the support order was issued, reviewed, or changed, a change in circumstances means the change would cause a change in the order amount of at least 10 percent but not less than $25.
Paternity
Under Florida Paternity Laws, if a woman is married when she gives birth to a child, it is assumed that the father of the child is the husband. But that doesn’t mean that fathers who aren’t married to their child’s mother do not have any legal rights.
Many fathers will not discover the paternity of a child until well after it is born. Florida statutes recognize that and give fathers the right to file a paternity action from birth up to eighteen years of age. Whether the child is an infant, elementary school age, or a teenager, fathers have a right to file a paternity action so they can be a part of that child’s life.
To be able to file a petition for paternity in the state of Florida, the person has to be a resident of Florida for at least six months.
Adoption
Adoption is the legal procedure by which a child becomes, through court action, part of a family other than that of the child’s birth parents.
Adoption is a serious matter for all concerned. It determines the future of the child, because it permanently severs ties with birth parents and relatives and transfers the child into a new family where the child will remain permanently. The new family is responsible for providing the care and guidance that will determine the kind of adult that child will become. To the birth parents, adoption usually means relinquishing the child forever without the privilege of seeing the child or being otherwise involved in the child’s life. However, in some types of adoptions, called open adoption, birth parents retain the right to communicate or visit the child. Additionally, the birth parents are permanently relieved of all responsibilities of the child’s care and financial needs. To the adoptive parents, adoption means providing for and undertaking the care of a child to whom they will have the same obligations as to a child naturally born to them.
Any minor (a person under 18 years) present within the state when the petition for adoption is filed may be adopted. Sibling groups may be adopted together. An adult also may be adopted.
Estate Planning After A Divorce
Florida law provides that all provisions in favor of a divorced spouse in a will are to be treated as if the surviving former spouse predeceased (i.e., is already dead) the testator (i.e., the person signing the will). By way of example, if Mark dies following his divorce from Wendy, any provision in Mark’s will naming Wendy may be treated as if Wendy died before Mark died.
Fla. Stat. § 732.507(2) states:
Effect of subsequent marriage, birth, adoption, or dissolution of marriage. Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise.
Helping You Make Informed Decisions
Family law often requires clients to make major financial and personal decisions during one of the most stressful periods of their lives. Emotions naturally run high, but important legal decisions should be based on facts, long-term goals, and a clear understanding of Florida law.
Our attorneys believe that informed clients make better decisions. We explain what the law says, how it applies to their case, and discuss the potential outcomes of various approaches. We will then help you evaluate settlement opportunities while simultaneously preparing for litigation should it become necessary.
We understand that uncertainty can create anxiety. By maintaining open communication throughout your case, we help you feel confident that you are making the right decisions as you move forward.
Protecting What Matters Most
Many family law disputes involve more than financial concerns. They involve relationships with children, long-term financial security, retirement planning, and your ability to start a new chapter in life.
Our legal team works to protect what matters most by helping clients:
- Preserve meaningful relationships with their children
- Protect marital and separate property interests
- Reach fair financial settlements
- Minimize unnecessary conflict whenever possible
- Resolve disputes efficiently
- Prepare for future legal and financial stability
Every recommendation that we make is focused on achieving practical solutions that serve your best interests both now and in the years ahead.
Depending on your situation, this may include a recommendation to try alternative dispute resolution. Not every family law dispute has to end in a courtroom; in fact, most do not. The best outcome is often achieved by working out an agreement at mediation or otherwise instead of going to court.
Many Florida family law cases can be resolved through negotiation or mediation. These methods often allow families to maintain greater control over important decisions while reducing the time, expense, and emotional strain associated with litigation.
Mediation provides an opportunity for both parties to work toward mutually acceptable solutions with the assistance of a neutral third party. Even when disagreements exist, many couples are able to resolve parenting issues, property division, and support obligations without requiring a judge to decide every issue.
However, if settlement negotiations are unsuccessful, in whole or in part, or your spouse refuses to negotiate in good faith, our attorneys are fully prepared to advocate aggressively in court. While we are committed to resolving matters amicably when possible, we understand that litigation is sometimes the best way to protect our clients’ rights and interests.
Family Law Issues Often Continue After a Divorce
Many people assume that once the divorce decree is entered, their legal matters are finished. In reality, family law issues frequently continue as circumstances change over time.
You may need legal assistance to deal with modification or enforcement of a family law order if:
- One parent wishes to relocate with a child
- Income changes significantly
- A parenting schedule no longer works
- Child support should be modified
- Alimony needs to be adjusted
- One party fails to comply with court orders
Florida law allows certain family court orders to be modified when there has been a substantial change in circumstances. If your existing court order no longer reflects your family’s needs, our attorneys can evaluate your options and help you pursue the appropriate legal remedy.
Compassionate Guidance During Difficult Times
Family law matters can be emotionally exhausting. Even happy life events, like adoption, can be stressful. Many clients come to us feeling overwhelmed with uncertainty, worried about their children, and concerned about their financial future.
At Luhrsen Goldberg, we believe effective legal representation requires more than simply understanding the law. It also requires listening carefully, communicating honestly, and treating every client with compassion and respect.
We understand that your legal matter is one of the most important events in your life (if not the most important). It isn’t just another case file to us. Our goal is to provide steady guidance throughout each stage of the process while advocating for the best possible outcome.
Speak with a Florida Family Law Attorney Today
Whether you are considering divorce, dealing with a custody dispute, seeking child support, or facing another family law issue, obtaining legal advice early can help you understand your rights and avoid unnecessary complications. Our law firm is committed to protecting our clients’ rights and helping them navigate even the most complex family law dispute with as little stress as possible.
At Luhrsen Goldberg, we are dedicated to helping individuals and families throughout Florida navigate legal challenges with skilled advocacy and practical solutions. We understand that every family’s circumstances are unique, and we work collaboratively with our clients to develop strategies that reflect their goals and protect their future. To learn more or to schedule a free case evaluation with a Lakewood Ranch family lawyer, give us a call at 941-909-3562 or fill out our online contact form.