Divorce
Divorce in Florida is known properly as "dissolution of marriage,"
which is a fancy way of saying the same thing. In Florida, a person can
seek a divorce essentially for any reason at all and at any time, and
it does not matter whose "fault" it is that a divorce is desired.
To grant a divorce, a judge needs only to conclude that the marriage is
"irretrievably broken," which is very easy to show. A divorce
is different from a legal separation - in a divorce, your marriage ends
and you and your spouse separate. In a legal separation, you and your
spouse also separate, but you do not officially end your marriage. It
is also different from an annulment, which is where the court rules basically
that the marriage never existed in the first place. We handle legal separations
and annulments as well as divorces and can discuss the pros and cons and
availability of all these options with you.
We can represent you in obtaining a divorce, which is a court judgment
ending your marriage. Divorce is never enjoyable, but our goal is to work
with you every step of the way toward as fair and "painless"
resolution of your concerns as possible while avoiding the unnecessary
public exposure of private issues. We will help you with all issues involved
in your case, such as issues of property and money distribution, temporary
support, debt responsibility, child custody, child visitation, parental
responsibility, child support, tax issues and alimony or future support.
Most times, regardless of how difficult a divorce case might seem at the
beginning, the case can be resolved without a need for a trial by informal
discussions or at a mediation ordered by the court, which can save you
both money and aggravation. Where a full trial is necessary, our attorneys
have the skill, experience, resources and expert witnesses where needed
to fight aggressively for you. When you case is over, the court may make
your spouse reimburse you for part or even all of the attorney's fees
you have paid us to represent you and we will assist you fully in obtaining
such payment, if you are eligible.
Child Custody, Visitation and Child Support
Our firm recognizes that when parents separate or divorce, one of the
more significant decisions that the court will issue concern the disposition
of the children from the relationship. As you consider how you and your
former spouse or partner will care for your minor children, you should
consider the current and future needs of your children, as well as each
parent's financial situation and caretaking capacities. You and your former
spouse or partner will have to decide how to share parental responsibilities
in the following areas:
• where your children will live;
• whether custody of your children will be rotated between you and
your former spouse or partner;
• when and how the non-custodial parent will be able to visit the
children; and
• how you and your former spouse or partner will make future educational
and medical decisions for your children.
As part of a divorce or dissolution proceeding, a court may also order
one parent to provide child support payments to the other parent, and
can alter that support amount upon either parents' future request.
We represent parents going through a separation or divorce, and will advocate
and negotiate on your behalf to secure a fair child custody, visitation,
and support arrangement. Every case is different and what you want or
need will be different from someone else's case. What never changes, however,
is that we will work tirelessly for you to help get you the child custody,
visitation and child support that you feel meets your needs and the needs
of your children.
Domestic Violence
Domestic violence occurs in all types of relationships, including those
between family members, partners, friends or acquaintances living in the
same household. Acts of domestic violence may include verbal or physical
threats, harassment, bodily injury, sexual assaults or destruction of
personal property.
Our firm represents both domestic violence plaintiffs and defendants located
in Florida, as well as plaintiffs or defendants in interstate or international
domestic violence cases with ties to Florida. We represent both victims
of domestic violence and those accused of domestic violence. Our experience
representing clients on both sides of these cases provides us with a deep
understanding of the issues and strategies involved. Our ultimate objective
is to adapt our representation to the unique needs of each of our clients,
and to always remain compassionate and professional.
Parental Kidnapping
While child custody laws differ in each state, all states criminalize
the abduction of a child by a parent. In many instances, when one parent
abducts a child across interstate or international borders, the parents
are engaged in custody or visitation discussions or disputes. Abducting
parents believe they know what is best for their child more than anyone
else. They have difficulty understanding how or why they have to respect
the rights of their ex-partner and their child.
Parental kidnapping is a serious matter. We place the highest priority
on the welfare of children who have been victimized by interstate and
international abductions. Our office has extensive experience in child
custody litigation, including in complex jurisdictional issues presented
in interstate and international abduction matters. We are committed to
protecting your rights and serving the best interests of your children.
If you feel your child may have been kidnapped, or you need legal assistance
defending an international kidnapping claim, we'd like to discuss your
legal options. Our experience representing clients on both sides of these
cases provides us with a deep understanding of the issues and strategies
involved.
Paternity
If a mother gives birth to a child at a time when she is not married to
the child's father, the law requires paternity to be established before
it will recognize an individual as the father of the child. Establishing
paternity is the legal process for determining the biological father of
the child. Once paternity is established, the child will gain the following
rights and benefits, just as a child born to married parents:
• the child will know and have legal proof of the identity of his
or her mother and father;
• the child will have the father's name on his or her birth certificate;
• the child will be eligible to receive financial benefits and support
from both parents, including child support, medical insurance, x
xSocial
Security benefits, and inheritance; and
• the child can be informed of medical issues affecting family members,
such as inherited health problems.
When paternity is established, both parents have rights to obtain court
orders for child support, custody or visitation, and make certain decisions
concerning the child's upbringing.
Paternity issues also can arise when there is an allegation that a child
born by the wife is not the biological child of the husband. Such issues
are sensitive and often emotional, and also often legally complicated,
but factually are easy to resolve.
We understand and have great experience with the legal issues at stake
in establishing paternity and are ready to help you with your paternity
issues in a sensitive and understanding and non-judgmental manner.
Prenuptial Agreements
Some couples sign a prenuptial agreement (which is a fancy name for a
contract) before getting married to explicitly list their respective rights
and responsibilities during and after the marriage, whether it might end
by divorce or death. Whether a prenuptial agreement is appropriate largely
depends on the individual circumstances of the persons to be married and
every case is different.
While such agreements often can be a good idea, they are very complicated
to create due to specific requirements of Florida law, and if not created
property are often worthless and unenforceable. You should not attempt
to prepare a prenuptial agreement without a lawyer or use a "store
bought" fill-in-the-blank form. At Kattman & Pinaud, P.A., we
can negotiate, prepare and review prenuptial agreements for you. The firm
offers experienced family law representation and can counsel soon-to-be
newlyweds in the following areas:
• How to protect their separate property;
• How to determine whether certain property is marital/community
property or separate property; and
• How to establish procedures for handling decisions as your financial
situation changes.
Adoption
The most enjoyable part of our family law practice is facilitating adoptions
of children into a loving family environment. Kattman & Pinaud, P.A.
has aided of parents for decades in clearing the way to adopt a child.
Our office also helps birth mothers find loving, caring families for their
children. For birth mothers, we secure extensive background checks and
careful screening of all adoptive parents, taking steps to ensure a birth
mother is comfortable with a family. For adopting parents, we help them
find children or birth parents in Florida or elsewhere that can give them
child who will fit into their family.
We have over 30 years experience in family law and adoption practice.
We handle all types of adoption, attending to the needs and rights of
birth mothers as well as the adopting couple or single parent. We can
help you not only lay the legal groundwork, but we take a comprehensive,
"social worker" approach to adoption. Most of our domestic private
adoptions are open or semi-open. We introduce the birth mother to the
adopting family or vice-versa and provide all parties with access to a
network of counselors for help with the unique relationships and feelings
created through the adoption process.
In international adoption, we help clients locate reputable international
adoption agencies that will assist them to clear consular obstacles with
foreign governments, arrange for travel to the country if necessary, and
collect available medical records and family history, when possible. When
our clients return to Florida with their new family addition, we will
help them complete all necessary legal work for recognition of their foreign
adoption and/or name change for their new child.
Our office also helps clients in interstate adoptions (a child from a
state other than Florida), bringing birth mothers and adoptive couples
together to find caring, loving homes for children. Our office has a number
of resources to assist birth mothers with living expenses, skills training,
medical assistance, and counseling. Since we are interested in finding
homes for children where they can flourish, we refuse to act simply as
a "placement" agency; rather, we take steps to ensure that the
health and well-being of mother and baby are protected.
Finally, we assist in the formal adoption of stepchildren and grandchildren,
obtaining consent from the natural parent or initiating termination of
rights in cases of abandonment. We are also experienced in Relative Parental
Custody actions, such as placement with grandparents or other family members,
which often will end up as a family adoption.
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