(The reader should not consider this information as specific. Anyone viewing this website should obtain specific advise pertaining to his/her particular situation and all cases.)
Q. What is Family Law?
Kalis & Kleiman handle the following family law cases: Divorce, Annulment, Custody & Visitation (now officially called "Time Sharing"), Alimony & Child Support, Marital Settlement Agreements, Modification of Agreements or Court Orders, Enforcement of Agreements or Court Orders, Relocation by a Parent, Domestic Violence, Juvenile Dependency (which are cases in which there is child abuse or neglect or abandonment of children and the State of Florida's Department of Children and Families gets involved), Termination of Parental Rights, Adoption, Paternity, Name Change, and Appeals.
Q. What is a divorce?
A divorce is a legal process by which a marriage is terminated. In a divorce proceeding, the parties’ marriage is legally ended and the related issues – such as spousal and child support, child custody and visitation, and property and debt division – are resolved by the parties, a mediator or a court.
Q. Do I need an attorney?
Florida law does allow individuals to represent themselves in divorce, child support, and support enforcement proceedings; however we strongly advise that you counsel with or hire an attorney who will protect your rights and look out for your best interest. Most divorces are contested, can be very complex and emotional. An attorney will have the resources, expertise, and negotiating skills to help you through this potentially difficult situation. Do not attempt to consult with your spouse’s attorney to receive legal advice. It is unethical for any attorney to represent both sides in a divorce and to give legal advice to both husband and wife.
Q. Why shouldn’t I just buy a package of Family Law Forms and represent myself?
First of all, the forms are available for free on the Florida Supreme Court's Free Family Law Forms website, so there is no need to buy them. Secondly, the Supreme Court website keeps the forms updated, and you may not have the most up-to-date forms if you just buy a package. But, more importantly, the forms do not cover every situation. An experienced family law attorney will prepare paperwork that addresses all the unique issues in your case while staying within the parameters and requirements of the basic forms. A family law attorney is also aware of many potential issues that are not obvious within the basic family law forms. You could make a mistake, even with the basic forms, as it's not very easy to fill out the forms, and you may not even know that you are at risk for making a mistake. A mistake could end up costing a lot more than what it would have cost to hire an experienced family law attorney from the start.
Q. How soon should I think about meeting with an attorney? What if there is nothing filed in court yet?
You will get a lot of valuable guidance and peace of mind by meeting with an experienced family law attorney, even if you are not sure paperwork will ever need to be filed with the court. Also, you might be able to save yourself and your family much unnecessary expense and emotional turmoil by having an experienced family law attorney help you negotiate a possible settlement of your family law matter before anything gets filed in court.
Q. Is there anything I can do in preparation for a possible divorce?
You should gather financial documents such as bank statements and tax returns, and you should make copies and keep the copies safe at a location that your spouse will not access. You should also take a look at your will and health care surrogate and power of attorney documents and at your life insurance documents and think about whether any changes need to be made. Our firm can help you prepare or change documents to protect your loved ones.
Q. How much will a divorce cost?
Much depends on the issues of the case and the spouses involved. If both parties are reasonable and amicable, it can be manageable. If however, the issues are complex and the parties have unreasonable expectations and/or demands, then legal fees can become very costly. Sometimes the court will order your spouse to pay part or all of your fees, but such awards are unpredictable and depend on the circumstances.
Q. How much does it cost to hire a family law attorney?
In order to hire a family law attorney, you will need to make an initial deposit for fees and costs, and you will also have to pay any bills as they come due. It's important to have a family law attorney represent you because what happens in a family law case can impact you for many years afterwards. It's especially important to hire a family law attorney if there is an attorney representing the other person in your family law case. Our firm accepts credit cards, so you can make payments over time to your credit card to make it possible to pay an initial deposit to our firm when you don't have other funds available.
Q. How long does it take to get a divorce?
This depends on several factors. These could include the following:
Q. What is the difference between a divorce and legal separation?
A divorce ends a marriage. A legal separation involves the same procedures as a divorce (property division, child support, etc.), but the separated spouses can’t marry others. A legal separation is not a legally recognized status in Florida, but is in certain other states. The same or virtually same legal effect can be created in Florida by an attorney. Often legal separation is an alternative for people who wish to avoid divorce for religious or other reasons. A legal separation can be converted into a divorce. Spouses who reconcile after a legal separation may apply to have the separation revoked.
Q. What is a collaborative divorce?
A collaborative divorce is an alternative divorce procedure where the clients agree not to go to court but strive to reach fair a settlement through meetings and negotiations together with their lawyers.
Q. What is alimony?
Upon separation or a divorce, a judge may order one party to pay spousal support (alimony or separate maintenance) to their spouse. If awarded, the amount, type and duration is determined primarily by the length of marriage, the need of one party for support, the ability of the other party to pay the support, and the standard of living the parties have enjoyed together.
Q. I haven't been married for very long. Can I get any kind of alimony?
While you are married, including while the divorce case is open but you don't yet have a final judgment of divorce, if you can prove you have a financial need and your spouse can afford to help you, you may get a court order for what is called "temporary" support, which is support until the time of your final hearing. And, even if you have not been married for very long, there are circumstances where you can get some support after your divorce is final.
Q. What is mediation?
Mediation is a process where an impartial person certified as a mediator by the State of Florida, who can be but doesn't have to be an attorney, helps people to reach an agreement. The mediator does not make any decisions in the case, but the mediator can suggest various options for resolving issues. In family law cases, mediation is often ordered by the court, and it is a prerequisite before you can have your final hearing, although you may be able to have a temporary hearing before you are able to go to mediation. Because in many cases you will be under a legal requirement to attend mediation, it is better to try to schedule mediation as soon as possible. You may have to do it anyway, and it is a better and more cost-effective way to resolve your case than to wait to have a judge make decisions for your family instead. In cases where there has been domestic violence, though, people will not be forced to go to mediation with their abuser, and if they choose to go to mediation, they don't have to be in the same room with or have any contact with their abuser, and a mediator can act as a go-between.
Q. Is there help available for divorcing parents and children?
There are a variety of programs and assistance available to parents and children of divorce. Programs can be found through court-connected divorce educational programs, numerous community organizations, your children’s school, and family therapy organizations. There are also numerous books available on a variety of family related topics. If you need help, ask your attorney for assistance.
Q. Can my spouse be forced to leave our home, or do I have to leave?
You need a court order to have what is called "exclusive use and possession" of your home. It can take some time to obtain that court order. If you are in physical danger, though, there is a faster process for getting an injunction if you meet the legal requirements. Sometimes, though, it just becomes necessary to leave your home before you can obtain help from a court. Contrary to commonly held beliefs, you are not considered to have "abandoned" your home if you leave. However, if you have children, and your spouse doesn't agree to let you take the children with you, you should try to spend as much time with your children as you did before leaving your home because otherwise you might not be able to get a court order allowing you to have as much time as you used to have before leaving your home.
Q. I purchased a house during my marriage and it is titled in my name only. I have always paid all of the mortgage payments, taxes, and insurance on the house myself. Do I have to share the property value with my spouse?
If the property was purchased during the marriage, it does not matter how it is titled or who paid the mortgage. It is considered a marital asset. There are a few exceptions, such as a prenuptial agreement or if it was purchased with inherited money. However, even in those exceptional circumstances, your spouse may be entitled to increased value that occurred during the marriage.
Q. Besides changing my address if I have moved, what else should I do after my divorce is final?
You should take a look at who is listed as your beneficiary in your life insurance and retirement accounts. You may not be able to change a beneficiary in your retirement accounts without your spouse's agreement while you are married, but after you are divorced, unless there is a court order preventing it, you can change the beneficiary. Our firm can help you with your estate planning documents so that you can protect your loved ones.
Q. What is the difference between prenuptial and postnuptial agreements?
A prenuptial agreement is a contract made between prospective spouses that takes effect upon marriage. A typical agreement usually includes pre-determined division of assets, arrangement of alimony or other support, and/or allocation of attorney’s fees associated with the termination of marriage. An agreement must be in writing, contain full disclosure of all existing assets and income, and be signed by both husband and wife to be. A postnuptial agreement is an agreement that is drafted after the marriage has taken place, but before either party separates, divorces, or dies. Postnuptial agreements often contain provisions similar to those found in premarital contracts.
Q. How long does it take to draft and sign a prenuptial agreement?
The time needed to draft and sign an agreement depends on the complexity of the couple’s finances and the amount of negotiation for the agreement.
Q. Is a prenuptial agreement enforceable during a divorce?
A prenuptial agreement is generally enforceable in Florida. A judge will decide whether to enforce the agreement taking into account the following factors: it was signed freely, there was no fraud, duress, or other misconduct sufficient to invalidate the agreement, and the parties must have known each other’s assets, either before the agreement or by disclosure before the signing.
Q. What if my partner can't or will not marry me? Is there anything I can do to protect myself? Is there anything I can do to protect my partner in the event that I am incapacitated or if something happens to me?
Even if you are not married, if you have a signed agreement with your partner, that agreement can usually be enforced. Also, even if you are not married, there is paperwork that can protect your partner and give your partner certain powers and rights, and our firm can help you prepare paperwork to protect your family.
Q. What does having custody of a child mean?
In Florida, the term "custody" is no longer used in the law. It used to mean having the responsibility for taking care of the needs of a person under the age of 18. Currently, the courts in Florida determine parental responsibility and timesharing.
Q. Who is entitled to custody of a child?
Both parents are entitled to custody in Florida. It is the public policy in Florida to assure that each minor child has frequent and continuing contact with both parents and to encourage parents to share the rights and responsibilities, and joys, of child rearing. Unless the court determines that it would be detrimental to the child, the court will order that parental responsibility be shared. In making a determination about custody, the court must decide what is in the best interest of the child.
Q. What is shared parental responsibility?
Shared parental responsibility is a court-ordered relationship where both parents retain the parental rights and responsibilities with respect to their child and jointly make decisions about the child’s welfare.
Q. Can I end or decrease child visitation / timesharing if my spouse fails to pay child support?
You cannot refuse visitation / timesharing rights because a spouse failed to pay the child support ordered by the courts. You should bring the issue to the attention of the courts and file the proper documents with the court to take disciplinary action. If you refuse to honor the timesharing rights of the other parent, the court may order extra timesharing to make up for the lost visitation time. In addition, the court may penalize you in other ways, including ordering you to pay the costs and attorney fees your spouse incurred to enforce the timesharing rights, order you to take a parenting course, or award additional timesharing permanently to the spouse/ex.
Q. Can a parent relocate their children to another state?
It depends. A parent seeking relocation must file a “supplemental petition for modification of final judgment” to adjust the visitation schedule and child support obligations. The move must be in the best interest of the children and not frustrate or be vindictive to the other parent. The criteria used to determine the best interest of the children are often confusing and challenging.
Q. I am a dad, but I was never married to my child's mother. What do I need to do to establish my rights as a father under the law?
You will need to file papers with the court to ask the court to declare that you are the child's father. The court will also decide on an official schedule for your child to spend time with you and will calculate any applicable child support. You will not need a DNA test if your child's mother agrees that you are the father and she was not married to someone else when your child was born. You can agree with the child's mother on an official schedule and on decision-making with regard to your child, but you cannot agree to child support unless a court order approves your agreement, and you do not have official rights of paternity without a court order, either.
Q. What is child support?
You and your spouse each have a responsibility to support your children in accordance with their needs and your financial abilities. Support may be by direct payment or by indirect benefits, such as mortgage payments, insurance, or medical and dental expenses. The obligation to support your child normally ends when that child reaches 18 years old, marries, or becomes financially independent.
Q. Who can receive the child support money?
The person with whom the child lives can receive the money. This may be a parent, relative, or another person with the responsibility of caring for the child and paying the child’s expenses. The child has a right to receive the child support, regardless of who the child lives with.
Q. How is the child support amount determined?
In Florida, the amount of child support is governed by the guidelines established by section 61.30 of the Florida Statutes. The dollar amount is a guideline based on the number of children and the combined income of the parents. The support obligation is then divided between the parents in direct proportion to their income or earning capacity. The parent with whom the child resides most of the time is almost always the recipient of the established support.
Q. How long will it take to obtain a support order and receive child support payments?
The length of time depends on the unique circumstances of each case. If you follow the procedures defined and submit information in a timely manner, the process is relatively quick. There are factors that can delay or make the process more complex: paternity establishment, difficulty locating non-custodial parent, a party lives in another state, and even scheduling court hearings.
Q. How is child support enforced?
Except in special circumstances, an Income Deduction Order will be entered that will require the employer of the parent paying child support to deduct the support from the paying parent’s paycheck and send it directly to a central depositor, which will keep track of the payments and forward the funds to the receiving parent.
Q. What happens if a spouse fails to pay child support?
Failure to pay child support when it has been ordered is enforceable contempt and willful failure to pay may even result in a person being jailed. A judge may also put a lien against the non-payer’s property. If you have questions or issues, contact an attorney or the Florida Department of Revenue of the Child Support Enforcement Center at http://www.myflorida.com/ or call 1-800-622-5437.
Q. If my child support was entered in another state, can my order be enforced through Florida?
Yes, it often can. Having a certified copy of the support order and payment history can help expedite a case. If you do not have a certified copy of the order, you will need to identify the court or agency and the county/state in which the support order was obtained and the approximate date of the order. You will thereafter need to domesticate the order in a Florida Circuit Court, using an experienced family law attorney.
Q. Can I modify an existing child support order?
If substantial changes have occurred since your support order was entered, you may request a review by the court. Modifications may be made to increase, reduce or suspend based on a judge’s review of the case. In some cases after review no adjustment will be made. The process time from request for review to modification can take up to six months or more which is often dependent on the number of requests received and court case load.
Q. I have lost my job or my income has decreased substantially. Can I just agree with my ex to lower my child support?
You are not protected unless you go to court and get a court order lowering your child support. You may think that you have an agreement with your ex, but if you don't have a court order, your ex can go to court many months and even years later and ask the court to order you to pay the difference between the actual child support on the last court order and the lower amount you actually paid because you thought that you could rely on an agreement with your ex. It's important to file a request with the court as soon as possible after a significant change to your income because the court may be able to back-date any decrease in your child support amount to the date that you filed your paperwork. If you delay filing the paperwork, you continue to owe the higher child support amount until at least the day that you file your paperwork with the court to reduce your child support. Also, sometimes when people lose their job or work fewer hours, they spend more time with their children, and if your children stay overnight with you more often, your child support may need to be adjusted for that as well.
Q. My child support order is from many years ago. Has anything changed with regard to child support?
A few years ago, the child support laws changed in Florida so that if children spend at least 40% of overnights with a parent, that parent could have their child support obligation reduced. More recently, the laws changed again in Florida so that if children spend at least 20% of overnights with a parent, that parent could have their child support obligation reduced. Depending on the wording of your agreement or court order, you might be able to reduce your child support if your children spend at least 20% of overnights with you.
For more information on Family Law, contact us. We welcome your inquiries.
KALIS & KLEIMAN – Attorneys & Counselors at Law
KALIS & KLEIMAN is a Real Estate Transaction and Commercial Litigation law firm serving clients in Davie, Ft. Lauderdale, Hollywood, Plantation, Weston, Lauderhill, Hallandale, Pembroke Pines and all of Broward and South Florida. KALIS & KLEIMAN also serves clients in Ocala, Gainesville and Central Florida.
Main Office:
7320 Griffin Road Suite 109
Davie, FL 33314
Tel: 954.791.0477
Fax: 954.791.0506
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