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Family Law

Family Lawyer Serving Melbourne, Florida

Legal matters involving family members can quickly become heated. The stakes are high, and the future of your family depends on the outcome of your case.

As an experienced law firm providing both compassionate guidance and aggressive representation, the Figueroa Law Group, P.A. is the firm you will want on your side when facing any type of family law case. Though we are respectful of the opposing party, our Melbourne, FL family lawyers pursue your legal matters for clients with an unmatched passion and determination. 

From the initial consultation to the conclusion of your case, we never waiver on our commitment to you and your family. To discuss your legal needs with our firm, give us a call at (321) 326-8250.

What We Can Do for You?

Because we are a full-service family law firm, we are equipped and ready to assist you with virtually any kind of family matter. Whether you are adopting a child, negotiating child support payments, filing for divorce, or seeking modifications to a parenting plan, our Melbourne, FL family law attorneys know how to approach your case and obtain favorable results.

Why Choose the Figueroa Law Group, P.A.?

familyIf you are filing for divorce or navigating a family law case, you have a lot of options when it comes to legal representation. Keep in mind, however, that the quality of the firm you choose can have a profound impact on the outcome of your case, and therefore your family’s future.

When you retain the Figueroa Law Group, P.A., you receive personalized representation from a team of Melbourne, FL family law attorneys that genuinely cares about your success and well-being.

Families enjoy working with our firm because:

We look forward to scheduling your consultation and hearing your story. Contact us at (321) 248-1011 today.

What is Family Law?

Family law is the branch of law that deals with legal matters about family relationships. Typically, our family lawyers in Melbourne, Fl deal with divorce, child custody, child support, and other associated legal concerns.

Divorce

You may be eligible for one of three forms of divorce in the state of Florida. To file for divorce in Florida, you and your spouse must be lawfully married, one of you must have resided in the state for at least six months, and your marriage must be irretrievably shattered.

If you are pursuing a divorce, our skilled family lawyer in Melbourne, Fl will assist you in determining the sort of divorce you may be able to file, and we will actively represent you at every stage.

What Are the Three Types of Divorce in Florida?

Below are the three types of divorce recognized by the state of Florida.

Simplified Dissolution of Marriage

Rarely is this type of divorce granted. If you are not pregnant and do not have any children from the marriage, you may be eligible for a simple divorce. You and your spouse must reach an agreement on all areas of the divorce and complete a financial affidavit and property settlement agreement.

You will then attend the final divorce hearing and obtain the divorce judgment. This uncomplicated procedure can help you avoid the stress and inconvenience of litigation.

Uncontested Divorce

This type of divorce is only accessible if you and your spouse can reach an agreement on all divorce-related choices. Similar to the dissolution of marriage, you must negotiate and draft a formal divorce agreement. This procedure does not require the involvement of a judge.

Contested Divorce

This type of divorce occurs most frequently. If you and your spouse cannot agree on a single divorce-related decision, you must petition for a disputed divorce and appear before a court.

You will present evidence in court to support your position, and the judge will make an order covering all elements of the divorce, including the division of assets and property, child custody, and alimony.

Alimony

Alimony is the provision of financial assistance to an ex-spouse to preserve the level of living enjoyed during the marriage. In Florida, several forms of alimony vary in quantity, structure, and length. In Florida, the amount and length of alimony are established on an individual basis.

If you are seeking or attempting to avoid paying alimony in Florida, contact our professional family lawyer in Melbourne, Fl for assistance. We can significantly influence whether and how much alimony is given. In certain situations, hiring an attorney can save a substantial amount of money over time.

The purpose of alimony is to reduce the economic imbalance between the parties. When assessing the amount of alimony to be granted, Florida family law courts consider both the capacity of one spouse to pay and the necessity of the other spouse for alimony.

If permanent alimony is given, the amount should be adequate to maintain the spouse’s quality of life. When considering the appropriateness of alimony in Florida, a court may examine several issues. If alimony is warranted, the court must establish the durational alimony amount necessary to close the difference.

Regardless, alimony cannot result in the payer’s net income being considerably less than the recipient’s net income. Permanent alimony in Florida can be a controversial and legal component of a divorce, as the conclusion may have long-lasting financial consequences for either party.

If you want assistance with a divorce or petition for permanent alimony, contact Figueroa Law Group, P.A. to book a free consultation. During a consultation, our experienced family lawyer in Melbourne, Fl can give case-specific guidance.

What Are the Different Types of Alimony in Florida?

According to Florida’s divorce law, there are five types of alimony awards. A court may order any combination of these forms of monthly or lump-sum alimony payments. The duration of payments determines the types of alimony that can be awarded.

Temporary Alimony

This type of alimony is provided during the divorce process and terminates with the entry of the final verdict.

Bridge the Gap Alimony

This type of alimony considers the needs of each spouse as they move to single life. Transitional alimony is meant to bridge the gap. It considers costs and anticipated expenses associated with beginning a single life.

Rehabilitative Alimony

This type of alimony serves similar purposes as bridging the gap. Rehabilitative alimony takes into account the amount of time a spouse may need to pursue higher education or get suitable work.

Durational Alimony

This type of alimony may be issued in marriages of short or intermediate duration. It is alimony for a fixed duration that cannot exceed the duration of the marriage. For example, a spouse cannot get durational alimony for more than two years if the couple was married for two years.

Permanent Alimony

This type of alimony is often provided only in moderate or lengthy marriages. Permanent alimony is often paid until death or remarriage.

Does Adultery Affect Alimony?

Florida is generally known as a no-fault divorce state. Under Florida divorce law, adultery or other grounds for divorce are not required. To seek a divorce, Florida law requires just that irreconcilable differences exist. Therefore, infidelity is typically irrelevant to a Florida judge’s assessment of permanent alimony.

However, if marital assets were utilized to advance the adulterous connection, this might be taken into account during the divorce. The money spent on the relationship may be considered a waste and credit may be given to the innocent partner.

Does the Length of Marriage Affect Alimony?

Permanent or long-term alimony awards are often reserved for marriages of moderate or lengthy duration. In general, only short-term types of alimony are available for short-term marriages.

A short-term marriage is defined by Florida law as one lasting fewer than seven years. A moderate-term marriage lasts between seven and seventeen years. A marriage that lasts more than 17 years is regarded as a long-term union.

Can Florida Alimony Be Modified?

According to Florida divorce law, alimony can be modified if there has been a substantial, meaningful, and unanticipated change in circumstances that was not anticipated when the first amount of alimony was determined. Alimony can be increased, decreased, or terminated based on the change.

Typically, a petition to alter permanent alimony, durational alimony, or rehabilitative alimony must be submitted to the same court that granted the divorce.

Child Custody

Child custody refers to a situation in which a parent or parents in cases where there is joint legal or physical custody is charged with the responsibility of raising and protecting their child.

Custody hearings may be held in court during bitter divorce or separation processes, or when allegations of abuse have been made against a child, a spouse, or both.

What Are the Different Types of Custody?

In terms of parental rights and the child’s best interests, there are two major forms of custody: sole custody and joint custody. In addition to this, there are two other categories into which custody rights may fall: physical and legal.

Sole Custody

When it is determined that it is in the child’s best interest for one parent to retain physical or legal custody, this is referred to as sole custody (or both).

Joint Custody

Joint custody, on the other hand, refers to situations in which both parents are entitled to either physical or legal custody (or both) of a child, requiring a clear schedule and open dialogue over potentially legally significant decisions made on behalf of a minor.

Physical Custody

Physical custody is exactly what it sounds like: when a parent has actual, physical control over their children. Parents having sole physical custody of a child are not required to allow visitation from other parents; nevertheless, courts may rule that such visits are in the best interests (or not) of the kid.

In other instances, courts are not required to issue a decision since both parents can agree on a visiting plan on their own.

Legal Custody

Legal custody is an altogether separate concept, and it refers to the parent (or parents who have joint legal custody) who has the right and authority to make choices for the child at the heart of the custody dispute.

The parent(s) with legal custody determines which school to attend, which religious rituals or places of worship to attend, and other key life decisions.

How to Obtain Custody of Your Child?

In the majority of states, family courts determine child custody based on what is in the child’s best interests. In making this conclusion, the courts consider a variety of aspects, including:

  • The parents’ desire and ability to care for the child.
  • The emotional bond between the child and both parents.
  • The adjustment is needed if the child has to move to a new area.
  • If the child is old enough, the child’s wishes.

Frequently, the court will ask parents or other people who have raised a kid to participate in mediation. In mediation, you can address your desires, any issues you’ve encountered throughout the kid exchange, and anything else pertinent to the situation.

Hopefully, you can find a solution that everyone can accept. If not, the judge may create a parenting plan that neither parent approves of. However, if your relationship with the other parent involved domestic violence, you may be eligible to forego mediation.

Child Support

Child support is the amount of money the Florida legislature says it takes to raise a child based upon the combined incomes of both parents and certain child-related expenses. Each parent is accountable for a percentage of the sum proportional to their share of the total income.

Child support is not subject to bargaining. In other words, parents cannot agree on an amount of child support and expect it to be accepted. Child support is a child’s right, as they require the financial assistance of both parents to provide a stable financial status.

How to Calculate Child Support for a Florida Divorce?

In Florida, child support computations are uniform. To accurately calculate child support, the following information is required.

  • The number of children being considered for child support.
  • The net monthly income for each parent.
  • Childcare costs are paid by each parent (usually just your daycare amount, after-school care, and babysitting, if necessary on account of employment, job search, or education calculated to result in employment or to enhance income or current income).
  • Health insurance payments are made by each parent.
  • Dental or vision insurance payments are made by each parent.
  • Other support obligations, if any, of each parent. This must be a support obligation imposed by a court order that is being paid.

How Long is Child Support Paid for in Florida?

Typically until emancipation, which occurs when a child turns 18 or graduates high school (whichever is later). If the child is 18 and enrolled in high school, child support continues until the child graduates as long as there is a reasonable likelihood that they will finish before their 19th birthday.

What Are the Common Concerns on Florida Child Support Agreements?

A typical issue our family lawyer in Melbourne, Fl gets from the person paying child support is that the receiving parent does not utilize the money for the kid’s legitimate maintenance, but instead spends it on dinners out, movie tickets, and trips to Disney World. Can you require the parent to account for how the money has been spent? In general, no.

The court will not supervise the expenditure of child support payments. It is assumed that the money is being utilized in some way to support the child, who must eat, be amused, and continue being a youngster.

Conversely, if the money is being used to support a drug habit or extravagant excursions while the children are living in squalor, by all means, inform the court. Aside from this circumstance, the receiving parent is free to spend the money as they see appropriate.

Our experienced family lawyer in Melbourne, Fl is familiar with all child support laws to assist you effectively. Figueroa Law Group, P.A. has assisted tens of thousands of clients with Florida family law and child support disputes throughout the years and has a comprehensive understanding of them.

Contact our law office immediately to schedule a free consultation if you need legal guidance about child support.

Enforcements

For many of our clients, the final judgment does not always mark the end of legal proceedings. As demanding as it may be, sharing parenting responsibilities causes recurring problems. When dealing with an obstinate ex-spouse or legal parent, this may be very frustrating.

When noncompliance with time-sharing, child support, or alimony payments becomes an issue, Figueroa Law Group, P.A. will fight for the court-ordered benefits.

In the event of noncompliance, our team of seasoned attorneys will vigorously pursue the necessary legal action. Depending on the unique facts of your case, a Florida statute authorizes the court to give different remedies. Criminal contempt, civil contempt, and civil judgments are examples. Allow our skilled family lawyer in Melbourne, Fl to assess your best course of action.

Even if changing circumstances have made it difficult for you to comply with court orders, we can defend you against detrimental contempt charges. There is a distinction between deliberate disobedience and basic incapacity to comply with a court order. Our team will study the particulars of your case to provide an accurate depiction of your current condition.

Our qualified family lawyer in Melbourne, Fl will provide you with a customized strategy and years of courtroom experience. Put your faith in our careful case preparation and years of family law experience. Call our legal firm immediately to schedule a consultation if you have questions about contempt and enforcement issues.

How to Enforce Alimony, Child Support, and Time-Sharing in Florida?

The courts of Florida may adopt measures to urge a non-compliant party to comply. The failure to pay alimony, child support, or to grant a parent court-ordered time-sharing might have serious repercussions. The courts consider this a case of indirect civil contempt.

Civil contempt seeks to induce future compliance as opposed to enforcing criminal punishment. When contempt is indirect, it occurs outside of the courtroom. The party bringing the motion must demonstrate that the defendant willfully disobeyed the court’s order.

If the court concludes that the noncompliance was intentional, Florida courts can adopt a variety of methods to enforce compliance. These include imprisonment, the payment of opposing counsel’s costs, compensating penalties, and compensation for missed parenting time.

Do not permit a hostile ex-spouse or opponent to violate your legal rights. Our staff at Figueroa Law Group, P.A. use significant knowledge and a methodical manner to establish your optimal course of action.

Allow our professional family lawyer in Melbourne, Fl to handle the enforcement of your alimony, child support, and visitation rights. We will ensure that your interests are adequately protected.

Modifications

The ability to propose changes to a family law court order is afforded through modifications. If you have lost your job, relocated for employment, sustained a major injury, or your ex-spouse has remarried, these developments are typically grounds for modifying your divorce, separation, child custody, or other family law arrangements.

Typical examples of admissible evidence include, but are not limited to:

  • Testimony from friends or family
  • Expert testimony from professionals
  • Legally binding documentation (taxes, bank statements, police records, etc.)

It is typical for a court to request proof of the significant life event that prompted the modification request. It is crucial to engage with our family lawyer in Melbourne, Fl who is familiar with your case and knows what it takes to explain your side of the story.

When you engage with our team, we will thoroughly assess your family’s condition and unearth the pertinent concerns and data to be considered.

We can assist with the modification of:

  • Alimony payments
  • Child custody or visitation
  • Child support
  • Other terms in your settlement

How to Modify Child Custody and Support in Florida?

Typically, when parents or couples divorce in Florida, a parenting plan that is in the best interest of the kid or children is required. This parenting plan addresses all elements of child-rearing, including custody and parenting decisions. Once a judge signs an order, it is legally binding and cannot be ignored, regardless of the outcome.

However, if certain conditions change throughout the life of the parent or child, the court may modify the initial agreement. These circumstances include:

  • The child’s needs change due to a medical condition for example
  • Enforcement of the order is required due to a parent not cooperating
  • An abusive or dangerous environment
  • providing inadequate care for the child during visitation rights
  • Work relocation

If relocation is a factor in your adjustment, the court will assess the potential detrimental impact on the child or children and their connection with the non-custodial parent.

Modifications to child support are also contingent upon the occurrence of the following events:

  • One of the parents loses their job
  • One of the parents experiences a significant drop in wages
  • A parent succeeds financially which could improve the lives of the child
  • The child’s needs change due to a medical condition for example

To modify a court order, you must be prepared to present the court with detailed and compelling facts. It is also important to note that the court will only approve alterations if it is in the child’s or children’s best interests. In addition, while submitting your petition, you must consider how this adjustment may affect your child or children.

How to Modify Alimony or Spousal Support Agreements in Florida?

Similar to child support modifications, alimony modifications are possible for divorced or separated spouses whose circumstances have changed substantially. If the supporting spouse has lost a substantial quantity of income, he or she may be susceptible to a reduction in alimony or a whole cessation of alimony.

Additionally, alimony may be amended or terminated if the supported spouse has remarried or begun a new line of employment that offers appropriate financial support.

It is important to note that the following does not constitute a support modification:

  • The supporting spouse getting re-marriage
  • The supported party has low to middling economic improvement
  • Voluntarily quitting employment or being fired on purpose
  • Legal binding marital agreements waiving the right to modify

To continue with a modification of alimony, a petition must be served on your husband, financial disclosures must be evaluated, and an attempt must be made to settle the issue through mediation.

If a matter cannot be resolved through mediation, your case will be placed before a family court judge who may or may not issue a new judgment.

Fighting for Families Throughout Melbourne, Florida

Family is the most essential thing in life. As a result, when a family-related legal matter develops, our emotions might cloud our judgment. If you are facing a family law situation, you must retain the services of our seasoned family lawyer in Melbourne, Fl.

Figueroa Law Group, P.A. can assist you in making intelligent and well-informed decisions on the future of your family. Come to us for impartial and effective advice. We are confident in our ability to safeguard your best interests because of our reputation as courtroom heavyweights.

Our formidable litigation ability and vast legal knowledge might make all the difference in your case.

Client Testimonials

Providing Support for Our Clients in Their Time of Need
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You protected us from the harm false accusations would have brought our family.
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Attorney Figueroa has carefully selected staff that enjoy their jobs. It comes across in the way they have treated me and all those that are a part of my dissolution of marriage.
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I was in a battle for my children with an ex-husband with a bottomless wallet & the best attorney in his town. Well, I got the best attorney in my town with Diana. She listened, referenced law books, looked over all the documents I took to her.
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I met Diana Figueroa approximately a year and 1/2 ago when we both joined a national group of like-minded attorneys. During that time I had the opportunity to meet with Diana on a regular basis.
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Professionalism, knowledge, detail oriented and care to areas of concern are the qualities why I chose Diana Figueroa Law Firm.
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Thank you from the bottom of my heart, Figueroa Law Group!
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Facing Divorce or other family law matters? We can help!