Family/Domestic Relations

Family Law

Family Law includes, but is not limited to, matters arising from dissolution of marriage, annulment, paternity, child support, custodial care of or access to children, adoption and name change.

Dissolution of Marriage

Florida Statutes, Chapter 61

A Dissolution of Marriage (Divorce) is an action to terminate the contract of marriage. In addition to dissolving the marriage contract, the court may determine the division of property and responsibility for debts and the care and custody of children. In general, parties wishing to obtain a divorce should contact their attorney.

If a couple decides to get a divorce, the Supreme Court of Florida and Florida Family Law have created general information packets regarding divorces for your reference and use. These packets are for couples who wish to represent themselves in their divorce proceedings. As in all matters involving the law, if you do not feel fully comfortable or qualified to represent yourself, you may want to consider obtaining the services of a competent lawyer. In order to file for divorce in Florida, one party must be a Florida resident for at least six (6) months prior to the date the divorce petition is filed.

Simplified Divorce

No Minor Children and the Wife is not pregnant
Both Parties have agreed on how you will divide your assets and debts
Neither Party is seeking alimony
Both Parties are willing to give up their rights to a trial and appeal
Both Parties are willing to sign the petition at the time of filing
Both Parties must be present at the final hearing

Divorce Types

Divorce With Children
Dependent or minor children born of the marriage; or the wife is pregnant.

Divorce Without Children
No dependent or minor children born of the marriage and the wife is not pregnant.

Child Support, Custody, & Paternity

Child Support

Modification of Support Packet
Request to the Court asking to change current court ordered child support.

Modification of Parental Responsibility
Request to the Court asking to the change of an existing court order or final judgment regarding residential designation, time sharing and other relief.

Motion for Contempt Packet
Used to request the Court to enforce an existing order. There is no filing fee for enforcement of child support.

Modification of Support
Request to the Court asking to change current court ordered child support.

Paternity

Florida Statute 742

Paternity cases can be filed by any woman who is pregnant or has a child, any man who has reason to believe that he is / is not the father of a child, or any child may bring proceedings in the circuit court to determine the paternity of the child when paternity has not been established by law or otherwise.

Paternity & Other Relief Packet
Parent wishing to Determine Paternity and Establish Timesharing and Child Support.

Custody

Florida Statute 751

Temporary Custody
Designed to be used by an extended family member who wants to establish temporary custody of a minor child. An extended family member is an adult within the third degree of blood relations to the minor child (great-grandparents, grandparents, aunts, uncles, adult brothers or sisters, nieces, nephews or cousins).

Modification of Parental Responsibility
Request to the Court asking to the change of an existing court order or final judgment regarding residential designation, time sharing and other relief.

Motion for Contempt
Request to the Court to enforce an existing order for support or other. There is no filing fee for enforcement of child support.

Name Change & Adoption

Name Changes

Florida Statute 68

Name changes for adults or minor children

Name Change Adult
Party wishing to have a Change of Name. May Only be Filed in the County in Which you Currently Reside. Criminal History report is Required Unless returning to a Former Name.

Name Change Child
Parent(s) wishing to have a Change of Name for their child(ren). May only be Filed in the County in Which you Currently Reside.

Adoptions

Florida Statute 63.162

Adoptions are confidential. All papers and records pertaining to the adoption, including the original birth certificate, are confidential and subject to inspection only upon order of the court. An attorney must be obtained to file an adoption.

Other Adoptions
Step-parent Adoption. Stepparent who wishes to adopt the minor child(ren) of his or her spouse. To be used only when there is consent of the other parent or when the other parent has died and the father’s name appears on the child’s birth certificate. Attorney not required.