Marital & Family Law

Marital & Family Law

  • Divorce
    • No matter the reason, when you and your spouse decide or are considering dissolving your marriage, it is a stressful and challenging time. Regardless of the stage you are in it’s always best to speak with a lawyer as soon as you can.
    • Divorce can involve many different issues including:
      • Child Custody
      • Child Support
      • Alimony
      • Marital Asset & Debt Distribution
      • Exposure of Business Assets to the Marriage

      No matter the complexity of the potential divorce, Ralph the Lawyer will meet with you for a free initial consultation to review your options.

  • Child Custody
    • One of the hardest and most emotional issues one may face is child custody; whether it be in a divorce or just between two parents. The best interest of the children is always what is most important, and we want to help you establish that. We are fully dedicated to helping you figure out the best way to establish this.
  • Parenting Plans
    • Florida Statutes prescribes that all cases with minor children have a parenting plan. At a minimum, a parenting plan will be required to describe: Florida Statute Section 61.13 (2)(a)
      • The parents will share and be responsible for the daily tasks associated with the upbringing of the child
      • The time-sharing schedule arrangements indicating how many overnights each parent has.
      • A designation of which parent will be responsible for any and all forms of health care, school-related matters, other activities
      • The methods and technologies for communication with the child.
  • Child Support
    • Child Support can be a very touchy subject. A major part of child support is based on timesharing and income. The court does not view child support as a burden or punishment but as support for the children’s well-being, future, and support. With us, we can help navigate this portion of the divorce, or navigate it for just two parents.
  • Alimony
    • Florida laws allows for alimony only under appropriate circumstances. The four types of alimony are: permanent periodic alimony, rehabilitative alimony, transitional alimony, and lump sum alimony.
    • Factors in Alimony Case (Florida Statute Section 61.08):
      • The standard of living established during the marriage
      • The duration of the marriage
      • The age and the physical and emotional condition of each party
      • The financial resources of each party, the non-marital and the marital assets, and liabilities distributed to each
      • When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment
      • The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party
      • All sources of income available to either party
  • Marital asset distribution

    In a dissolution of marriage, a court separates marital assets and liabilities from non-marital assets and liabilities. This could be hard to determine on your own. Ralph the Lawyer can help you determine what is considered marital and non-marital. This will help give you a better understanding of what is to come in a divorce proceeding.

    When distributing the marital assets and liabilities, the courts need to be equal unless relevant factors dictate justification for unequal distribution. Some of the relevant factors are (Florida Statute Section 61.075):

    • The duration of the marriage.
    • The economic circumstances of the parties.
    • The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
    • The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.
    • The contribution of one spouse to the personal career or educational opportunity of the other spouse.
    • Any interruption of personal careers or educational opportunities of either party.
    • The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
    • The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
    • The intentional dissipation, waste depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
    • Any other factors necessary to do equity and justice between the parties.
  • Paternity

    In Florida, a Paternity case is to determine the biological and legal father of a child and to award parental rights. There can be no order against a Father without this determination. Children conceived or born during a marriage are presumed to be the children of the husband and wife. Without marriage, there is no presumption and all parental rights and obligations, such as timesharing and child support, are not automatically assigned to the biological father.

    Paternity can be established by two different blood tests:

    • Human Leukocyte Antigen
    • DNA
  • Enforcement of court orders

    Although there may be a divorce decree, child custody or timesharing order, or child support order already in place, circumstances may change in life. You have the right to motion the court to request an amendment to these orders. Sometimes circumstances have not changed but one party is violating an order, you have the right to request the court to compel or use other means to enforce the orders.

    Although Ralph the Lawyer does not want to meet you under these circumstances, if you find yourself in them, he is here to assist you through these trying times.

  • Uncontested divorce

    An uncontested divorce can be a good situation for everyone involved. No arguments and all parties cooperating leads to a smooth and quick divorce. Although both parties agree, divorce agreements are legally binding. It is always a good idea to have an attorney at least look over the details to ensure your best interests are protected.

    The Self-Empowerment Program (SEP)

    Not all divorces are complex and require the expense of a lawyer’s representation. In Florida, the courts have made it much easier for individuals to file for divorce, and other family law issues, without the need for a lawyer. However, I’ve seen that even this process can be confusing for the average individual unfamiliar with the court system.

    Ralph the Lawyer recognized this dilemma and came up with the unique, Self-Empowerment Program (SEP). The trademarked SEP program is designed to guide qualifying individuals through the court process without the unnecessary expense of hiring a lawyer.

    With reasonable, flat rate fees, qualifying individuals can have the assistance of an experienced firm paralegal guide them through the complexities of the form-driven court process, providing a roadmap for what to expect at hearings, and providing limited instruction throughout the process. You will be guided, step-by-step under the supervision of a paralegal, with filling in the forms and filing them on the court’s on-line portal. Your filings and notices from the court will be sent directly to your email. Furthermore, the experienced paralegal will be available to you for any procedural questions through the divorce.

    While you will not be represented by a lawyer in this process, at any time along the way, should your issues evolve into those that may need a lawyer, Ralph the Lawyer will be available to provide legal consultation with reasonable rates.

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Call: 1-800-RALPH-STAT! (800) 725-7478

Text: (813) 758-2306

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American Association for Justice Florida Justice Association Avvo Rating Superb Multi-Million Dollar Advocates Forum Avvo Client's Choice Award 2017
Florida Justice Association
American Association for Justice
Avvo Rating Superb
Multi-Million Dollar Advocates Forum
Avvo Client's Choice Award 2017