Family Law
Family Law encompasses a broad spectrum of areas related to the dynamics of family and domestic relationships.
At McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A., our partner, attorney Noel A. Bobko is devoted to practicing Family Law and assisting families resolve domestic issues.
Some areas addressed in family law include, but are not limited to:
- Divorce
- Spousal Support (Alimony)
- Child Support
- Marital Property Division
- Child Custody
- Legal Separation
- Visitation
- Pre nuptial Agreements
- Paternity
- Post nuptial Agreements
- Adoptions
- Domestic Violence
- Annulments
- Temporary Restraining Orders & Injunctions
- Temporary Hearings
- Mediation
- Post-Judgment Motions
- Termination of Parental Rights
Divorce
Florida is a no-fault divorce state, which means that a spouse does not have to prove wrongdoing on the part of the other spouse in order to be granted divorce. Grounds for divorce fall into two categories:
- Marriage is irretrievably broken
- Mental incapacity of one of the parties
Child Custody
Arrangements for child custody, child support, and visitation are usually adjudicated by the court or decided as part of a settlement during the divorce or separation process. There are various types of child custody arrangements including sole custody, joint custody, split custody, generally shared parental responsibility with a determination of primary physical residence occurs most often. Custody is determined based on the best interest of the child as well as what is practical due to lifestyle changes resulting from the divorce or separation.
Paternity
We also assist clients in establishing paternity through DNA testing which accurately determines parentage. Establishing paternity can provide guidelines for families regarding proper medical care for children through access to family medical background and genetic information. Paternity often arises when couples are divorcing, especially regarding issues revolving around child support.
Marital Property Division
Marital property division is another aspect of divorce that can sometimes be complex. Property division takes into account not only the assets acquired during the marriage, but also many other factors, such as duration of the marriage, contributions the spouse made toward the other spouse’s personal career or education, interruption of personal careers or education, maintaining the marital home as residence for the child, etc. Some of the assets and factors considered during property division may include:
- Assets valuation
- Stocks and Bonds
- Residence
- Filing bankruptcy
- Personal injury recoveries
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- 401 K / Pensions
- Gifts
- Inheritances
- Issues relating to business interests
- Assets acquired prior to the marriage
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- Characterization as marital or non-marital property interests
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Adoption
For couples who have remarried, stepparent adoption sometimes becomes a consideration. Couples also may look to adoption as a solution to problems with pregnancy or infertility.
For assistance with domestic issues, please contact our office to arrange for a consultation. |