Sarasota Family Law Attorneys
Few types of legal issues can be as emotionally difficult as those involving families. Too often, families embroiled in a legal battle amongst themselves do significant damage to all in the process. While this is sometimes unavoidable, it’s often challenging. With the support and experience of Luhrsen Goldberg’s knowledgeable and compassionate Sarasota family law attorneys, families may be able to protect their dynamics while asserting their rights. Child custody disputes, adoptions, marriages ending in divorce, and domestic violence issues are just a few of the reasons families may end up in legal fight.
Whenever possible, the goal is to avoiding trial while still protecting our client’s rights. If we can mediate a successful outcome, we will. If, however, the stakes or personalities or other issues prevent a mediated resolution, we are prepared to challenge and fight back on behalf of our clients, including at trial. Our family law attorneys work hard to help our clients get through some of the most emotional and trying times in their lives. Contact our office to schedule a complimentary, confidential consultation today to learn more about the different types of family law cases we handle and how to maintain family relationships despite these disputes.
How Our Family Law Attorneys Makes a Difference
When going through any type of issue with family, it helps to have the support of people who care about you and want what’s best for you. Our family law lawyers can be an important part of that supportive group by providing our clients with legal guidance and support along with the strong and knowledgeable advocate they need. As practiced lawyers with years of experience advocating for clients, Luhrsen Goldberg has what’s needed to navigate the complex issues our clients face.
We have seen firsthand what it is like for people to be at odds with those who have mattered the most to them. Our collaborative mindset prioritizes empathy and compassion during one of the most sensitive times in our clients’ lives. We work not only to protect our client from being taken advantage of, but we also listen and as appropriate offer powerful guidance and advice so they can begin to put this difficult experience behind them.
What Types of Disputes Require The Support Of a Compassionate Sarasota Family Lawyer?
Anyone going through the family court case needs a family law lawyer who will prioritize their needs. Here are some of the most common types of disputes our family lawyers handle:
Divorce
Our Florida divorce lawyers work with many families who are struggling to cope when they decide to end their marriage. This is not a decision most people come to lightly. There is much to be decided when a marriage falls apart, including:
– How marital property will be divided which involves
– How marital debts will be handled; and
– How marital assets will be split
– Whether alimony is needed, whether temporarily, for some specific purpose and/or for some period of time
– Child custody and visitation plans
– Child support responsibilities
As an equitable distribution state ( Florida Statutes § 61.075), the goal is divide up the marital property in a fair way between the spouses. Marital property includes both assets and liabilities acquired during the marriage with marital funds (and regardless of how the property may be titled). Separate or nonmarital property by contrast typically remains the property of one spouse; depending on how the separate property is handled, it can, however, lose its separate status and become marital property subject to equitable distribution. Since 2023, the beginning presumption as to the equitable division of marital property is that it should be equal. Depending on various circumstances, unequal distribution may be warranted and appropriate; among the considerations are the length of the marriage, the economic circumstances of the spouses; the contributions of the spouses to the marriage, including those of a stay-at-home parent.
Child Custody
Working with a family lawyer may be the best way to get a child custody order implemented. Florida requires that a parenting plan be developed and that it be in the best interests of the child(ren). The parenting plan must include a time-sharing arrangement that specifies how the minor child(ren) will spend time with each parent. It must also address how responsibility for making decisions involving the health, welfare and education of the child(ren) will be made, as well as details as to how parents will communicate with the child(ren) and potentially other issues such as how exchange of the child(ren) will take place.
As to time-sharing, there is a rebuttable presumption that time-sharing should be equal. The parent seeking unequal time sharing must demonstrate that equal timesharing is not in the child(ren)’s best interests. Similarly, parental responsibility will be shared between the parents unless there is evidence that to do so would be detrimental to the child(ren). Our knowledgeable and compassionate Sarasota family law attorneys work to help reach an appropriate and detailed parenting plan and as needed seek unequal time-sharing as well as how parental responsibility of the children will be shared between the parents.
Alimony and Child Support
In some situations, alimony, also known as spousal support or maintenance, may be ordered as part of a divorce or separation. Our family attorneys help spouses seeking support pending their divorce as well as after the marriage is dissolved. They also help defend those from whom spousal maintenance is sought. While Florida no longer allows permanent alimony, spousal support on a temporary basis while the divorce is pending; on a short-term basis (up to two years) upon divorce (and known as bridge the gap alimony); to provide a spouse with financial assistance while they become financially independent (for example redevelop a previous skill or acquire a new one); and/or for a specified period of time determined by the length of the marriage (and known as durational alimony) can be granted.
Child support in Florida is governed by Florida Statutes § 61.30. Parents are obligated to provide support for their children until they reach majority (i.e. 18 years old) or until the child graduates from high school up to age 19 years old. The amount of child support is based on guidelines that account primarily on the income of both parents. Certain other expenses are also accounted for in the calculation including taxes, health insurance and daycare costs. A table of income levels then determines the amount of child support due given the number of children involved and then that amount is split between the parents based on their incomes. That amount then becomes the presumptive amount and so typically the amount a court will order. As may be warranted, the court has discretion to deviate from the child support amount by +/- five percent.
Paternity
Our Sarasota family law lawyers also help families establish paternity. When fathers establish paternity through the court system, they can then request visitation rights. In addition, child support will be awarded. A reputable Sarasota family law attorney with Luhrsen Goldberg can help ensure fathers have the opportunity to spend quality time with their children and have a say in how their children are raised.
In other situations, our attorneys help disestablish paternity. There are strict rules governing when and how paternity can be disestablished, including that child support payments owed are current. Luhrsen Goldberg’s experienced family law attorneys can help disestablish paternity and the corresponding child support obligation.
Sarasota Family Law FAQ
It is common for people going through legal issues with their families to be overwhelmed and intimidated by the thought of going to court. After all, no one wants to see their closest loved ones on the opposite side of the courtroom. Fortunately, many family law issues can be resolved without having to go through a lengthy trial. Understanding what to expect from the family law process is essential.
There are multiple types of family law issues, each with its own legal nuances, so families may have many unanswered questions about what to expect, particularly if they find conflicting information online. For this reason, we have included a brief FAQ below. Families who may need legal assistance can review this list, and if they have additional questions or concerns, they can consult our Sarasota family lawyers with Luhrsen Goldberg to get individualized attention and the answers they need when they need them most.
How long does a restraining order last?
It depends on the type of restraining order. Domestic violence protective orders are governed by Florida Statutes § 741.30. Those seeking a domestic violence protective order start by filing a petition which if granted is temporary in nature (up to 15 days). Temporary injunctions are followed by a hearing at which testimony and evidence is presented by the court. The court then determines whether to order which can be longstanding with or with out a specified end date, depending on the facts and circumstances involved. While the injunction or protective order process is civil in nature, such orders, if violated subject the person against whom the injunction is imposed to civil and criminal sanctions.
Florida law also provides for protective orders in other situations. In addition to domestic violence situations, which applies in family and household situations, restraining orders are also available in situations involving sexual violence, dating violence, repeat violence and stalking, including cyber stalking.
Can my spouse prevent me from getting divorced?
Florida is a no-fault state when it comes to divorcing. In other words, no particular blame or reason is needed in order to obtain a divorce, other than showing that the marriage is “irretrievably broken.” A recalcitrant spouse might be tempted to ignore a divorce petition; doing so, can lead to a default judgment of divorce and consequences that imperil that spouses rights, including the right to have the default divorce overturned. Otherwise, a spouse who is resistant to the idea of divorcing may attempt to prevent the divorce. In such circumstances,
they may drag out the process making it more costly and lengthy, including potentially necessitating that a trial on some or all of the issues involved in the divorce.
Will I have to go through mediation?
Not necessarily. If families can work together to resolve their issues on their own, mediation and court may not be necessary. Sometimes, all it takes is the intercession of legal counsel for all involved parties to take the issue more seriously. Other times, it’s about helping a spouse or parent understand how Florida law typically works and would apply to their particular situation after which they understand that many of the issues can and should be worked out. In short, once all family members are willing to work together to come to an agreement, complicated family law issues can be resolved.
If parties are finding it difficult or impossible to work together, mediation is often the appropriate step. During mediation, the mediator will listen to all involved parties share their reasoning and wishes, then, the mediator will make helpful suggestions. The mediation process nearly always involves all parties making some concessions to work out an amicable arrangement. If, however, the negotiation and mediation processes proves to be unsuccessful in whole or in part, the family courts may be called on to resolve these issues sooner.
Will I automatically be granted custody rights if I establish paternity?
No. Establishing paternity simply means the father’s parentage has been established under the law according to Florida Statutes § 742.10. Once paternity has been established, the father can seek child custody and visitation rights. There is no preference for the mother under Florida law. Instead, the family court system recognizes that it is usually in the children’s best interests to share quality time and have strong relationships with both parents.
Unless the father has a history of domestic violence, substance abuse, or is a threat to the child’s safety or well-being, the family courts will typically encourage and help them secure their child custody rights. Child custody can vary based on several factors, including the existing relationship with the child and both parents’ housing situations, among others.
What happens if my child’s other parent stops paying child support?
If the child’s other parent is legally required to pay child support through a Sarasota family court order, but refuses to do so, they could be facing serious consequences. The family court system can impose sanctions, including seizing the tax refund of the parent who has stopped paying child support. Family courts can also garnish wages and hold the parent in contempt of court. In cases like these, the parent could spend time in jail, have their driver’s license suspended, and face additional fines.
Instead of simply stopping paying child support, if one parent is having trouble covering their child support obligations, it may be in their best interest to contact a legal advocate to get the existing child support order modified. The court system may be willing to modify the child support order if the parent can prove that they are going through an undue hardship or their circumstances have changed such that they are unable to meet their child support obligations.
Get Help From Our Trial-Proven Sarasota Family Attorneys Today
Having to go to court for any reason can be anxiety-inducing and have a profound impact. When these legal issues involve family, the process can be that much more stressful. We do not believe families should have to go through these difficult times alone. There are many nuances in the family court system that could significantly impact the outcome of the case. It is important for those dealing with family law issues to understand their rights, how the case should unfold, and their responsibility once the case has been resolved.
Fortunately, with the legal guidance and support of our respected Sarasota family attorneys from Luhrsen Goldberg, families can feel confident and empowered as they take control of their lives. Our team works with its clients to help them navigate their family law situation in as conciliatory a process as possible but stands ready to fight and advocate through trial. To learn more about your situation and speak with one of our experienced Sarasota family law lawyers, fill out our secured contact form or call our office to schedule a free confidential consultation as soon as today.