North Port Family Law Attorneys

When families struggle to cope with legal issues among family members, it can become quite contentious and cause a deep divide. A dedicated family law attorney may be able to help families maintain their relationships while achieving their goals.

Choosing the right North Port family attorney can be intimidating when there are so many options out there. Luhrsen Goldberg attorneys put their experience to work to help families navigate the process to get through some of the most difficult times in their lives. Here are some of the most common types of family law matters we handle:

Adoption
Alimony
Child custody
Child support
Divorce
Equitable distribution
Grandparent’s rights
Guardianship
High-net-worth divorce
Paternity

One of the most common types of cases our family law lawyers handle is adoption. It is our goal to help those in need expand or complete their families through legal adoptions. There are multiple types of adoptions, including:

Step-parent adoptions – For step-parents to adopt children in Florida, the step-parent must file a petition to adopt a child and complete all necessary forms. There is no waiting period, home study, or report, but the unmarried biological father must be sent a notice of the intended adoption plan, so they have the opportunity to contest the adoption if they wish to do so, according to Florida Statute § 63.054.

When going through a divorce, a family law lawyer can help individuals protect themselves when questions regarding alimony arise. In Florida, spousal support (also referred to as alimony), may be appropriate under certain circumstances as a way of mitigating the change in circumstances , especially in situations where one spouse earns less or hasn’t worked outside of the home. It is not a certainty.

There are several types of alimony that can be awarded. Since 2023, permanent alimony is, however, no longer an option for divorcing spouses in Florida. Among the types of alimony are the following:
Temporary alimony. This type of alimony is as its name suggests for a temporary period during the pendency of the divorce.
Bridge the Gap alimony. This spousal support is meant ot help one spouse transition from being married to being single. It can be awarded only for up to two years.
Rehabilitative alimony. This spousal support allows a spouse to obtain an education or job training in an effor to regain entry into the work force. A roadmap for this professional development is required and it will not be awarded for longer than five years.
Durational alimony: This is alimony awarded for a specific period of time which period varies depending on the length of the marriage. The amount is a likewise limited to a maximum amount depending on the difference in the divorcing spouses’ incomes.

Many families come to see Luhrsen Goldberg’s family lawyers when they are having trouble setting up child custody arrangements. When a couple has never been married or decides to divorce with shared children, setting up a child custody arrangement is in everyone’s best interest. There are multiple ways families can set up their child custody and parenting plans.

Florida begins with a presumption that each parent is entitled to equal time with their child/children. Depending on particular facts and circumstances, however, the time-sharing may warrant something other than 50/50 time-sharing.

In addition to time-sharing, parental responsibility as to decisions regarding matters such as the child(ren)’s health, education and welfare will be shared. In other words, such decisions are jointly made. In some instances, one parent might share parental responsibility but be awarded ultimate decision making authority. In yet other situations, a parent could be awarded sole parental responsibility

As part of the child custody discussions, child support questions will also likely be raised. As parents are required to support their children, a determination of the amount of child support to be paid must also be made. Florida law utilizes child support guidelines which reflect and account for each parent’s income, certain child-related expenses (including for example, day care expenses) and the number of children involved. Ultimately, the amount of child support is then apportioned between the parties primarily based on each parent’s prorata share of the total income involved.

As described under the Florida child support guidelines, parents who are ordered to pay child support will typically need to do so until the child reaches the age of 18. However, if the child is still in high school, child support can continue until they graduate or reach the age of 19. In situations where families have a child who is physically or mentally incapable of taking care of themselves, child support could be ongoing or permanent. While a court would not order it,k parents can agree to provide for their children’s college education (or beyond high school graduation).

If one parent is ordered to pay child support and refuses or fails to make payments as ordered by the court, they can face serious penalties. According to Florida Statute § 827.06, some of the consequences of failing to make court-ordered child support payments include:

Suspension of driving privileges
Court fines
Passport cancellation
Wage garnishment
Seizure of assets
Jail time if found in contempt of court

When a marriage falls apart, working with a family attorney may be the best way for individuals to regain control of their lives and build the brightest future possible.
Florida is a no-fault divorce state (Florida Statute § 61.052). This essentially means that neither spouse must prove that the other was at fault (for example committed adultery). Instead, all that must be shown is that the marriage is irretrievably broken. As such, a spouse cannot prevent a divorce.

While fault is generally not relevant, adultery can be pertinent in some circumstances with regard to equitable distribution (or how the marital property is to be divided); as to alimony; and also as to time-sharing. Typically adultery is relevant if marital assets have been dissipated or wasted on the affair partner or the adulterous conduct impacts the moral fitness of the parent.

Our family attorneys will ensure our clients meet the residency requirements for filing for divorce in Florida. Florida law ( Florida Statute § 61.021) requires that at least one spouse must have lived in the state of Florida for at least six months to meet the residency requirements.
If one spouse is unable to locate the other to serve them divorce papers, they may be able to file a public notice stating their intent to divorce. This involves a showing of due diligence and publishing a public notice for at least four weeks in a row, after which the judge can grant the divorce without having served the other spouse.

As part of the divorce process, our North Port family law attorneys help families divide their marital estate. Figuring out which items should be included in the marital estate can be particularly complex. Separate property that maintains its separate character is not subject to be divided as part of the equitable distribution process. Separate property might be items that were brought into the marriage for the benefit of one spouse; an inheritance; jewelry; or student loan debt.

Florida follows equitable distribution laws as described under Florida Statute § 61.075(1). The beginning premise as to how property should be divided is that each spouse is entitled to an equal share. Different factors which are relevant can lead to the marital property being unequally split in an effort to attain an equitable or fair result. Ideally, spouses can work together to determine how they divide the marital estate. Unfortunately, many spouses find it difficult to come to an arrangement. Fortunately, having a North Port family law attorney can make it easier to resolve these points of contention and work out an equitable distribution arrangement that makes sense for both spouses.

In limited circumstances, grandparents may be able to secure child custody or visitation rights. If either of the child’s parents are unable to provide for their children due to substance abuse, physical incapacitation, or death, grandparents may petition the court to obtain child custody rights.

However, if both parents are alive, well, and taking good care of the children, the court system will not step in and order the parents to allow grandparents to have a relationship with the children. These decisions should be made by the parents and the parents alone.

In some cases, adults may need to seek guardianship of other adults or children. Our North Port family law lawyers can help families ensure they understand their rights once guardianship has been established.

Typically, guardianship can only be established if an adult is physically or mentally incapable of taking care of themselves. This could be due to an injury, physical disability, or medical condition. When one adult has guardianship of another, they will be responsible for their medical decisions and handling their finances.

Getting help from a North Port family law lawyer is crucial for families going through a high-net-worth divorce. In cases like these, it is important to maintain as much privacy as possible while safeguarding assets and property. These types of divorces can become notoriously complex, due to all that is at stake.

In cases where it is suspected that a spouse has hidden assets, additional steps may be required in order to locate and identify such property. Fortunately, our North Port family attorneys are prepared to hire the necessary financial experts and other specialists to uncover these schemes and ensure the distribution of marital assets and property continues equitably.

While many fathers believe that the Florida family courts will always rule in favor of the mother, this is not necessarily the case. Once a father has established his paternity rights, he can fight for the child custody and visitation he is entitled to. This way, he can build and maintain a strong relationship with his child or children. Paternity can be established quite easily through a blood test. If parents are unwilling to go through the process willingly, the father can request a paternity test through the courts. Once paternity has been established, the paternal father will be expected to contribute to the child’s upbringing financially (i.e., child support payments). In addition, the father is entitled to custody.

There are many other types of family law issues our team is equipped to take on. Families who have reached the point of contention or are hoping to safeguard their rights may benefit from having a top-rated North Port family lawyer from Luhrsen Goldberg on their side. Our team prioritizes client advocacy and will do everything possible to help families reach the most favorable resolution possible based on the circumstances of their case.

Those ready to take back control of their lives can start to do so by contacting our law office to request a confidential consultation. Reach out to us by phone or through our convenient contact form to schedule a free evaluation as soon as today.