- DivorceIn short it usually takes 2 to 4 months to complete a divorce case, but these times are usually out of our Firm’s control and in the hands of the client. Non-adversarial alternatives, such as arbitration and mandatory mediation are often imposed by courts in an attempt to save time and money and preserve relationships to the fullest extent possible. Mediation and other Alternative Dispute Resolution (ADR) processes provide an option for those who prefer to stay out of court. ADR provides many potential advantages for most cases, including reduced cost, faster resolution, less emotional stress and the ability to construct solutions that are outside of the authority of the courts. In addition to divorce our attorneys handle a full range of domestic matters including: Because of the long-reaching implications of a divorce, one of the best things to do is get an attorney to help. You may think that an experienced Florida divorce lawyer is too expensive for such a task, but hiring an experienced divorce lawyer can save you from a costly divorce agreement or judgment that could affect you long after the case has been put to rest
- Child SupportThe adoption of a minor can be either contested or uncontested. If the natural parent consents to the adoption, than no litigation is involved in the adoption process; however certain statutory requirements must be met in order for an adoption to be entered. In general, once an adoption is finalized, the adoptee’s name on his or her birth certificate changes to reflect the new parent’s surname. All legal relations between the adoptee and the birth parent and relatives of the birth parent are terminated by the adoption, meaning all parental rights and responsibilities of the birth parent are terminated. This includes termination of any child support obligation of the birth parent to that child. If the adoption of a minor is contested by the birth parent, concerns of parental abandonment of the child under the legal meaning of the term will be at issue. Essentially, abandonment occurs when the natural parent, “while being able, makes no provision for the child’s support and makes little or no effort to communicate with the child, which situation is sufficient to evince intent to reject parental responsibilities”.
- Child Custody and VisitationIn Florida, the parties usually share parental responsibility of the minor child(ren). In general, this means that they both share in the major decisions regarding the child(ren)'s welfare, and both have access to the child(ren)'s school and medical records, etc. It is advisable that the parties come to an agreement as to the parental schedule of the child(ren). In Florida, the terms custody and visitation are not normally used any longer. The courts see parents as equally capable of being parents and it is only a parenting schedule that needs to be determined. If the parties cannot come to an agreement, than the court may employ a social investigation or psychological evaluation to determine the situation, setting and schedule for the child(ren). In this situation, a neutral party or psychologist evaluates the parties, children, and others familiar with the parties' circumstances and prepares a report which is submitted to the Court. Usually the Court will follow the recommendations contained within the report. Alternatively, the parties may allow the Court to determine the parenting schedule arrangements.
- Adoption
- Paternity
- Premarital AgreementThere are many reasons why people enter into a premarital agreement; they are not simply for the "rich and famous." Frequently, parties entering into their second marriage will desire a prenuptial agreement. Often, one or both parties will have children from a prior marriage, and may want to protect their children's financial interests in the event of their own death. Furthermore, each party may bring separate property into the marriage that they may want to protect. Prenuptial agreements can also be a good idea when there is a large disparity in the ages and/or financial status of the parties. The person with few assets will want to ensure that after the marriage, he or she is not left with nothing. Likewise, the person with the more substantial assets will want to protect those assets to the extent possible. Each party to the prenuptial agreement should have to opportunity to be represented by counsel. Fair negotiation on the terms of a prenuptial agreement is vital to the fairness of both parties and its likelihood to withstand subsequent scrutiny in the courts.
- Guardianship
- Spousal SupportAlimony and Spousal Support is dependent on a variety of marital factors, including but not limited to: length of the marriage, party’s ability to pay support and the other party’s need for support, the standard of living during the last years of marriage, if a party was the sole caretaker of the parties’ children, if a party gave up a career on behalf of the other party, and whether parties became disabled during marriage and cannot support themselves.
- Criminal DefenseWe have Attorneys in Tallahassee and Ft Walton Beach to assist with your family law and criminal law needs. Family law includes divorce, child support, child visitation, paternity and more while criminal law covers arrests for misdemeanor charges, drug charges, felonies, violation of probation and more.
- DUI/DWIDriving under the Influence is a serious infraction with severe penalties including fines, license suspensions,increased insurance premiums and even jail time. Remember, when you are arrested with DUI charges, your arrest includes a cancellation of all driving privileges. Your DUI citation acts as your temporary driving permit for only ten days following the arrest. If you or your attorney does not request a DMV hearing within 10 calendar days,(including weekends) following your arrest you forfeit your ability to challenge any DMV administrative suspension. You may be asking yourself many of the following questions: Should I pay the other traffic ticket that I got with my DUI ticket? What if I live out of state - must I stay in the state or do I have to come back to Florida for a court appearance? Could the DUI affect my job? What about my insurance rates? If a video of my field sobriety test was made, how will it be used? May I drive now? Can I get Hardship license? What does the Breathalyzer test prove? Should I have taken the breath test or refused it? How long will this case take? How much will it cost? What if I have a previous DUI? What if I damaged property - or injured someone - or both? Could I go to jail? Depending on the unique circumstances of each case, there are numerous challenges that can be made to fight a DUI charge. The circumstances of each traffic stop, arrest, Breathalyzer test and equipment must be carefully evaluated.
- Traffic ViolationsTraffic violations have penalties which range from fines, license suspensions, increased insurance premiums and even possible jail time. This is the reason that timely contact with an attorney is imperative. A traffic violation can result in points on your license, which in turn can lead to higher insurance rates, and potentially a suspension of your driver's license.
- Sex CrimesDefendants in felony cases can be accused of Murder, Manslaughter, Vehicular Homicide (Including Hit and Run), Possession of Drugs (including, heroin, methamphetamine, cocaine, etc.), Possession of Drugs with the Intent to Distribute (Drug trafficking or selling drugs, such as heroin, methamphetamine, cocaine, marijuana, etc.), Theft (Including, auto theft, robbery, burglary, larceny, stealing, credit card theft, identity theft, fraud, receiving stolen goods, etc.), Serious Sex Offenses (Including sexual assault, rape, child molestation, child pornography, etc.), or Arson. Most felonies take several months because of the amount of information that must be examined and analyzed. With a felony charge, a person can be labeled a convicted felon and lose the right to vote, own a firearm, and live in certain housing areas. Felony charges can even affect future employment opportunities. The State has to bring the accused totrial within 175 days, but often the right to a speedy trial is waived because of all the work required for these types of cases.
- RobberyTheft is a crime of moral turpitude; often, the moral implications associated with a theft conviction far exceed the legal ramifications. A theft crime leaves a stain on your criminal record which is visible to employers, housing authorities, credit bureaus, lenders, and educational facilities, all of which may deny you service or benefits due to a conviction. Our firm employs aggressive tactics to combat theft allegations. The breadth of our knowledge comes from our experience with cases involving: Automobile theft Burglary Purchase, receipt or possession of stolen property, Employee theft Embezzlement, Grand theft, Petty theft, and Robbery.
- Burglary
- Theft
- MisdemeanorsWhen you are on court ordered probation and do not meet the requirements set forth by the Court, you may be charged with a violation of probation (VOP). It is important to understand a violation of probation is a new criminal charge in and of itself, and the VOP will appear on your record in addition to your original charge or charges. If a defendant is convicted of a violation of probation, the Court will almost always require a jail sentence for the violation. VOP can be a felony or misdemeanor. On a VOP case you don’t get a jury you only get a judge, and the burden of proof is the “greater weight of the evidence.” On a VOP you can be sentenced up to the max sentence of the original charge although max sentences rarely happen. These cases usually take 30 to 60 days. If, for example, you are given a random drug test by the probation officer to whom you are assigned and you test positive for drug use, you will be handcuffed and arrested on the spot. Early attorney intervention may be your best defense. If you think you have violated your probation, it is never too early to hire an attorney. An attorney may intervene on your behalf with the office of probation and parole, the State Attorney's office, and the courts to protect your rights and possibly prevent incarceration.
- Embezzlement
- Drug CrimesProperty used during these crimes can be seized In the event that you have been arrested on drug charges in Florida.
- Assault
- Murder
- Juvenile Crimes
- Identity Theft
- Homicide
- Arson
- Manslaughter
- Hit and Run
- Estate PlanningA will is defined as a witnessed legal document directing the disposal of your property after your death. Without a will, you leave your estate planning in the hands of a third party, usually the state, to govern how your assets will be distributed. This usually involves considerable costs as an external administrator will have to be paid for their services. If your spouse is named the administrator, he or she may have to post a financial bond. Issues such as lengthy amounts of time to resolve the estate and the possibility of paying excessive state and federal taxes on the estate becomes a concern. In some cases, your surviving family may receive portions of your estate that you did not intend. Depending on your circumstance, a will can also detail who you want to have as a guardian of your children. The will also allow you to name a fair executor of your estate. In other words, it allows you to direct how and to whom your assets will be distributed. An attorney will assist you in detailing the precise wording of your will to eliminate confusion and misunderstanding in the event of an untimely death.