At Barton King Law, P.A. we specialize in all aspects of family law matters, whether they require an aggressive approach or an amicable resolution. We are completely loyal and dedicated to each and every client we represent no matter what their family law needs. We are devoted to helping you understand your rights and options without judgment of your circumstance.
Alimony is also referred to as spousal support and can be ordered for either spouse. Alimony is not restricted to divorce scenarios and may also be obtained in situations where a spouse feels compelled to request support unconnected to a divorce. Florida law provides different forms of alimony such as bridge-the-gap alimony, rehabilitative alimony, temporary alimony, durational alimony or permanent alimony. There are numerous factors a Court weighs when considering whether alimony is appropriate in a particular circumstance in addition to the needs of the requesting spouse and the ability the other spouse has to pay support. When there is a substantial unanticipated change, such as an extended period of reduced income, cohabitation, or a change in needs, change in ability to pay, for example, an individual can request that alimony be modified, terminated or abated for a period of time. In the event that a spouse refuses to pay alimony as ordered, it is important to retain an attorney that will aggressively and quickly work to enforce a prior Court order.
Florida courts use statutory guidelines to determine how much child support you are entitled to receive or obligated to pay. The intent behind creating the statutory guidelines is to establish statewide uniformity when it comes to the payment of child support. Child support cannot be waived.
Although the formula used to calculate child support is fairly straightforward, deviations from the guidelines are appropriate and considered on a case-by-case basis. At Barton King Law, P.A. we will take the time to review your case individually and explain the process, the related procedure and whether your case allows for deviation from the statutory guidelines.
Custody / Visitation
Whether you are married with children and are seeking a divorce or are not married and have children, child custody may be an issue.
Legal child custody involves the right to share in the making of decisions concerning the education, medical care and upbringing of a child. Florida favors joint legal custody of children unless there are compelling reasons to give legal custody to one parent.
Residential child custody describes where the child will physically live. Parenting plans can range from rotating child custody plans to traditional plans in which one parent has primary residential custody and the other parent has visitation.
There are many factors that affect the way in which child custody and visitation are awarded. However, the primary goal of Florida courts is the best interest of the child.
Divorce (Contested / Uncontested)
The end of a marriage ranks as one of the most stressful events faced by individuals during a lifetime, and divorce can be an extremely intimidating process, which adds to that stress. There are two types of divorces which impact the cost and duration of the process:
- Uncontested Divorce: If you and your spouse agree on all outstanding issues involved in your divorce, Barton King Law, P.A. can assist you in preparing the necessary legal documents and/or pleadings to memorialize your agreement and attend the necessary hearing to dissolve your marriage.
Uncontested divorces are typically less expensive than contested divorces and are typically resolved in a shorter timeframe.
- Contested Divorce: If the parties are not in agreement regarding all aspects of the divorce, the divorce is considered contested. The attorneys at Barton King Law, P.A. are skilled litigators who can assist you through the process of a contested divorce.
The cost and timeframe for resolution of contested cases vary. Barton King Law, P.A. will work hard to give you the best quality legal representation to resolve your issues to your satisfaction.
Domestic violence is defined under Florida law as any assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family household member by another. Florida law provides protection against domestic violence in the form of temporary or permanent injunction, commonly known as restraining orders.
Barton King Law, P.A. is dedicated to assisting our clients in understanding the law, their rights and their options when it comes to domestic violence. Our firm is committed to your safety and being there for our clients during this difficult time. Additionally, many individuals attempt to use domestic violence allegations to gain leverage in family law matters. Barton King Law, P.A. will assist those clients accused of such a horrible act to discover the truth and obtain justice.
The Florida court jurisdiction that presided over the original child custody, child visitation and child support and post dissolution of marriage final judgment issues has the power to modify the original order.
Child custody and visitation can be changed if there is a change in the parent’s or child’s circumstances that affects that best interest of the child. Child support can be changed if there is a significant increase or decrease in either parent’s income.
As for post dissolution of marriage final judgments, we are committed to thoroughly examining all aspects of your case to determine if post judgment modification is warranted in your specific situation.
Barton King Law, P.A. handles modification issues to final judgments, settlement/mediation agreements and other agreements that have been established.
In Florida, the parent with primary residential custody of the child must seek a court order if he or she intends to relocate with the child. The notice must indicate where the parent intends to move, when the move will occur and where the parent and child will reside after the relocation. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.
Barton King Law, P.A. will assist clients with their parental relocation needs.
Florida courts presume legitimacy of a child born during a marriage is the child of the marriage. A husband or wife may contest the legitimacy of a child born during the marriage but must overcome the presumption of legitimacy. To establish paternity of a child born during a marriage or out of wedlock, the court may require all parties involved to submit to scientific tests.
Barton King Law, P.A. will assist clients through all aspects of the paternity action and will advise clients of their legal rights to establish paternity or disestablish paternity.
Prenuptial / Postnuptial Agreements
A prenuptial or premarital agreement is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes, businesses, family assets, stocks, bank accounts as well as debts and specifies what will and will not remain individually owned property after the legalization of the marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.
A postnuptial agreement is a written contract created by two individuals after marriage to protect and/or distribute individually owned property and debts in the same way as prenuptial or premarital agreements.