Ending a relationship can have far-reaching and complicated consequences. A wide variety of issues may need to be resolved, and it is essential to protect your interests throughout this process by enlisting a knowledgeable lawyer. Based in the Aventura area, the skilled family law attorneys at Stok Folk + Kon take pride in assisting individuals through matters such as divorce, division of property, child custody and support, and modifications of court orders. We will explore the details of your situation and help you devise a plan suited to your goals.Issues Commonly Posed by Divorce
Florida is a “no fault” divorce state, which means you do not need to allege misconduct by your spouse as a reason for ending the relationship. In order to take this step, you must show that a marriage existed, that one spouse has been a Florida resident for at least six months prior to filing the divorce petition, and that the marriage is irretrievably broken. It is important to note, however, that misconduct by one or both spouses may be considered under certain circumstances in awarding alimony and dividing property.
The distribution of marital assets can be extremely complicated. They may extend from tangible property, such as cars, houses, and personal items, to retirement benefits, insurance plans, business interests, stocks, and investments. Like assets, debts must be divided between the spouses upon divorce. Florida law uses an equitable distribution system, which seeks to apply principles of fairness rather than simply splitting the property equally. There are many factors that a judge has the discretion to examine in deciding what is fair. These include the length of the marriage, each spouse’s economic position and job prospects, and each of their contributions to the marital property.
Divorce can become even more complicated when children are involved. Under Florida law, a judge will base his or her decision regarding parenting arrangements on the best interests of the child. While each case is different, the judge will typically look at issues such as health, safety, education, and emotional needs. Parenting time is usually divided relatively evenly between each former spouse, except when it would not be practically feasible or when it would be likely to endanger the child’s well-being. The judge also will try to divide decision-making authority regarding the child’s upbringing between the spouses if that is possible and appropriate. Both child support and custody can be altered if there is a substantial change in circumstances for one or both of the parents. However, they should be aware that a judge must approve any modification to a pre-existing order, until when current obligations remain in effect.
At Stok Folk + Kon, our goal is to be efficient but sensitive in evaluating the needs of our clients. We want to help you understand both the emotional and the financial impact of any decisions that you make or agreements that you sign. This puts you in a strong position to make informed choices about your future and the future of your children.Discuss Your Family Law Matter with an Aventura Attorney
If you need the services of experienced family law lawyers in the Aventura area, you can confidently turn to the reputable firm of Stok Folk + Kon. With countless years of legal experience, we will work diligently to seek a favorable outcome for your matter. If necessary, we will zealously advocate for your rights in the courtroom. When you become our client, we believe it is our responsibility to guide you through the entire legal journey and keep an open line of communication with you. We proudly represent clients from Hollywood, Fort Lauderdale, and throughout Florida. To learn more, call us today at 305-935-4440 or contact us online for a consultation.