Family Law Attorneys

At the Haba Law Firm, we have extensive experience across many facets of family law.  Our attorneys are experienced in divorce, paternity, pre-nuptial and post-nuptial agreements, timeshare/custody disputes, and injunctions (also known as restraining orders).

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Divorce

When it comes to divorce, there are three types of clients:

1. Those considering filing a divorce;

2. Those who have been served with divorce papers and need to file a response; and

3. Two parties who are in agreement on the need for a divorce and its terms, but need an attorney to guide them through the process.

During the process of the divorce, both parties must address several complex issues, including alimony, parental obligations, child support, custody and visitation with children, and the distribution of assets and debts

Simplified Divorce

In some instances, both parties can attempt to petition for a “simplified divorce,” which essentially states that there is nothing for the court to make a decision upon outside of the divorce itself. These tend to be more efficient and inexpensive than a standard, more drawn-out divorce.

In order to qualify for a simplified divorce, both parties must meet certain requirements:

1. There can be no minor or dependent born from the marriage, and the woman cannot be pregnant.

2. A division of property (when applicable) must be made in writing and presented at the time of the court appearance.

3. The members of the party cannot have any unresolved financial obligations.

4. One of the party members must have been a Florida resident for at least six months prior to the date of the divorce filing.

5. Both party members must complete a marital settlement agreement.

Even if you and your partner are certain of the terms that you will settle on during such a divorce, it’s important that you not attempt to do all of the filing yourself. An experienced divorce attorney will help you avoid mistakes, which are far more difficult to solve after a divorce than before one

Alimony

Also called “spousal support,” alimony refers to financial assistance provided by one member of a marriage to another as part of an agreement made during the divorce proceedings.

There are two types of clients when it comes to alimony:

1. Those who are seeking spousal support

2. Those defending against paying spousal support

Alimony can be awarded to either a man or a woman, and who receives an alimony is dependent upon one party proving financial hardship. The alimony is then contingent upon whether or not the other party can afford to pay.

There are two types of alimony payments:

1. Temporary alimony, meant to be paid for a specific duration or purpose

2. Lifelong alimony, to be paid indefinitely.

Child Custody and Visitation

In Florida, courts refer to child custody as “timesharing,” referring to the sharing of custody the overall time spent with the children.

“Shared parental responsibility” refers to arrangement giving both parents custody of their children, provide they work together in good faith and collaborate to make major life decisions, such as education, religion, or medical needs.

If, for whatever reason, shared parental responsibility would be detrimental to the child, then a judge could consider awarding sole decision making to just one of the child’s parents.

Many factors can be considered when the judge considers their decision on timeshare, including the geographic location of the parents, mental and physical health, substance abuse, or domestic violence.

Paternity

A man is presumed to be the father of a child under the following circumstances:

1. If the father was married to the child’s mother when the baby of conceived

2. If the father adopted the child

3. If a court has determined that the child is his

4. If the father has filed an affidavit of paternity and acknowledged paternity along with the child’s mother while at the hospital of the child’s birth

 When paternity of a child has not be legally established by law, paternity action can be brought by the child’s mother, father, or the child itself.

Paternity must be established before child support, custody, visitation, or parental responsibility can be determined, so paternity clients could vary from a mother looking for child support to a father seeking visitation rights.

 If the paternity of a child is contested by the opposing party, scientific testing will be done as part of the process to determine paternity.

Child Relocation

Child relocation refers to any time a parent wishes to move 50 miles away or more, for more than 60 consecutive days. There are two ways to handle the relocation of a child after divorce:

1. A relocation by agreement, where both parties agree to a timesharing schedule and upon transportation of the child.

2. A relocation not in agreement, where one party opposes the child’s relocation, and must go to court to determine an outcome.

Pre-Nuptial and Post-Nuptial Agreements

A pre- or post-nuptial agreement generally refers to a legal agreement of property division and alimony (or the lack thereof), should the marriage end in divorce. Pre- and post-nuptial agreements can also cover life insurance or spousal inheritance.

Pre-nuptial agreements are signed before a marriage, while post-nuptial agreements are signed afterwards.

Pre-nuptial agreements cannot be used to determine child custody or child support

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