South Florida Matrimonial Litigation and Divorce Lawyers The Law Firm of Finizio & Finizio represents clients in the field of family and matrimonial litigation and divorce law. Cases include dissolution of marriage litigation (divorce cases), post-dissolution of marriage proceedings pertaining to modifications, preliminary and permanent injunctions and restraining orders, child custody disputes and the recovery of alimony from a non-paying spouse. Additionally, the Firm has extensive experience in the preparation of property settlement, pre-nuptial and child custody agreements. Matrimonial Litigation FAQs List of Questions
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1. What is an uncontested divorce?
2. Does Finizio & Finizio handle contested divorces?
3. What issues need to be considered as we discuss our divorce settlement?
4. How are child custody and visitation issues decided?
5. What is joint legal custody?
6. How does physical custody work?
7. How is child support determined?
8. How are retirement funds divided? Questions & Answers 1. What is an uncontested divorce?
An uncontested divorce is one in which the parties reach their own settlement rather than going to trial and letting the Court decide the issues for them. Most people find that an uncontested divorce is advantageous for a variety of reasons. The process tends to be faster and less expensive when the divorce is uncontested. The parties maintain control over their futures by reaching their own decisions. A decree is not imposed on them by the Court after a trial. The parties are also better able to maintain (or reestablish) a civil relationship if they are not involved in lengthy litigation with all of the strategic positioning and polarization that a trial entails. The reduced hostility makes it easier for divorced parents to raise children together.
An uncontested divorce agreement can be accomplished through direct negotiation between the parties, negotiation between their attorneys, or through mediation.
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2. Does Finizio & Finizio handle contested divorces?
Yes. Any action in Court is likely to involve complex issues and technical rules of evidence and procedure. While many people do choose to handle such matters themselves, it is our belief that contested divorces should be handled by an attorney. Divorce litigation is frequently a high stakes game. Your future or your children's future may be at issue. Experienced legal assistance is usually necessary.
If your spouse is represented by an attorney, if you are involved in an abusive relationship, if your divorce involves financial issues which you do not understand, or if you do not agree on any major issue, consult an attorney.
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3. What issues need to be considered as we discuss our divorce settlement?
Almost every divorce requires that decisions be made regarding real and personal property distribution, distribution of debt, health insurance, and tax issues. Where children are involved, there are also custody and support decisions to be made.
At Finizio & Finizio, we will help you to identify and focus on the important issues associated with your specific situation.
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4. How are child custody and visitation issues decided?
As with any other divorce related issues, child custody can be resolved by agreement between the parties, or by court order after a contested hearing. Because children are involved, the courts tend to scrutinize child custody agreements more closely than other agreements. However, most courts feel that parental decisions should be honored (unless they are clearly contrary to the children's best interest) because the parents are deemed to be in the best position to understand their children's needs.
In a contested situation, the children are often represented by a Guardian ad Litem who conducts an investigation and makes custody recommendations to the court. As a general rule, the court then hears evidence at trial pertaining to, among other factors, the parenting skills of each parent, the bond between the children and each parent, the bond among the children, and the ability of each parent to recognize the importance of the other parent to the children. If the children are of an appropriate age to be consulted, their wishes are important as well. Any given case may present a variety of other factors which are necessary to a proper judicial determination of custody. In an uncontested situation, the parents should consider the same factors in reaching custody decisions.
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5. What is joint legal custody?
Joint legal custody means that both of a child's parents retain the right to be involved in the important decisions concerning their child's health, education, and welfare. An award of joint legal custody should serve to reassure a noncustodial parent that he or she will remain an important presence in the child's life, even though they are not in physical custody of the child.
Many states presume that joint legal custody is in the child's best interest. In those states, the court must award joint legal custody unless they make a specific finding that joint legal custody would be detrimental to the child. A denial of joint legal custody might be based on a finding that spousal or child abuse has occurred or on a finding that the parties (parents) have such extreme communication problems that they cannot work together for the benefit of their children. Joint legal custody does not mean that a child will share his or her time equally between the parents.
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6. How does physical custody work?
Physical custody is exactly what it sounds like. A child resides with his or her physical custodian. In an uncontested situation, the court will usually approve shared physical custody arrangements which divide the child's time with the parents roughly equally. It is unusual for a court to award joint physical custody in a contested situation.
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7. How is child support determined?
Every state has child support guidelines which determine the amount of child support to be paid. Child support guidelines consider: - The income of both parents
- The child's health care and child care costs
- The standard needs for the child. A list of support amounts based on the child's age and net income of the parents is in the Florida law – standard needs table.
The court or agency establishing support must use these guidelines to decide the amount of child support that will go in a Florida support order. In special circumstances, support amounts can be higher or lower than the guideline amounts. For example, a judge may consider a child's high medical expenses as a reason to change the support amount. In most cases, judges have to give written reasons why support amounts are different from guideline amounts.
You can get an estimate of child support amounts by using the Florida Child Support Calculator. The calculator will take the information you provide to calculate an estimate of your child's support amount. This estimate is for informational purposes only. A court or agency may look at factors that are not included in your estimate.
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8. How are retirement funds divided?
Distribution of retirement funds requires special attention so that the tax advantages associated with such funds will not be inadvertently lost. A Qualified Domestic Relations Order, or QDRO, is a document which transfers a share of retirement funds from the spouse participating in the retirement plan to the nonparticipating spouse. A QDRO is intended to transfer the agreed upon portion of the fund to the nonparticipating spouse while protecting the tax benefits which make these funds such attractive investments.
Typically, QDROs are drafted after the divorce has been concluded. The QDRO must be approved by the fund administrator, signed by the parties, and entered by the Court as an order. The order is then registered with the plan administrator. If your situation requires a distribution of assets through a QDRO, contact the pension or retirement plan administrator for plan requirements and forms. Most administrators have these forms available for their members, and they are happy to help with the completion and registration of QDROs.
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