Divorce

At the law office of Lynette Silon-Laguna, P.A.,  located near the Brandon/Riverview boundary at the intersection of 301 and Bloomingdale, I have had over 12 years exclusive experience in divorce and family law issues and I can help you navigate successfully through the complications of your family law case regarding the following areas which may be at issue in a divorce:

Child Custody, Visitation and Support

In Florida, the parties’ usually share parental responsibility of the minor child(ren). In general, this means that they both share in the major decisions regarding the child(ren)’s welfare and both have access to the child(ren)’s school and medical records, etc.

It is advisable that the parties come to an agreement as to the custody of the child(ren). Custody is referred to legally as primary and secondary residential responsibility or shared residential responsibility, if both parties have equal time with the child(ren). There is also substantial timesharing where the secondary residential parent will have the child(ren) 40 or more percent of the nights per year. If the parties cannot come to an agreement on custody or visitation, then they may employ a social investigation or psychological evaluation to determine the custody/visitation arrangement which is in the best interest of the child(ren). In this situation a neutral party or psychologist evaluates the parties, child(ren and others familiar with the parties’ circumstances and prepares a Report which is submitted to the Court. Usually the Court will follow the recommendations contained within the Report. Or the parties may allow the Court to determine the custody and visitation arrangement. Hillsborough County has recommended guidelines which are usually implemented by the Court absent extenuating circumstances.

Child support is determined by a Child Support Guidelines Worksheet which essentially uses the parties’ net income after taxes and other allowable deductions to determine a child support obligation. If the parties have minor child(ren), then a Financial Affidavit and Guidelines Worksheet must be filed with the Court before the parties can obtain a divorce. The amount of child support paid by the non-residential parent will be lower if that parent has substantial timesharing. If equal timesharing, then the parent who earns more will pay the other parent child support; however, it is substantially reduced from the amount it would have been if there was no equal or substantial timesharing.

Another requirement before a divorce can be obtained is that both of the parties must complete in person a three hour parenting class as required by statute. If a party resides out of state, then that party may take the parenting class on the internet.

Division and Distribution of Marital Assets and Liabilities

Marital assets and liabilities are those which are acquired or incurred during the marriage. The division of these assets and liabilities is determined by statute and in most cases equitable distribution is one half distributed to each party. Any debts incurred during the marriage must be shown to be incurred for marital purposes.

If an asset was acquired or a liability incurred prior to the marriage or subsequent to the parties’ permanent separation or filing a Petition for Dissolution of Marriage (if marital funds were not used to purchase the asset), then that liability or asset is considered non-marital; however, only if the liability or asset has not been put in the other party’s name or otherwise commingled with the other party. To do so would be presumed a gift and to overcome this presumption requires clear and convincing evidence that it was not intended as a gift. For example, adding the other party’s name to a Deed to non-marital real property or to a non-marital bank account would change the character of the asset to marital, rather than non-marital.

Spousal Support, Alimony, Maintenance

This area of the law is not precise; however, consideration is given to the length of the marriage, i.e. 12 to 15 years is generally considered a grey area and thereafter may be considered a long term marriage. If there is a long term marriage, then there is a presumption of an alimony obligation and it must be rebutted by the party who is being asked to pay the alimony. Other considerations, including, but not limited to, the party’s ability to pay the support and the other party’s need for the support, the standard of living during the last years of the marriage, whether a party has been the sole caretaker of the parties’ child(ren) or gave up a career to on behalf of the other party, whether a party became disabled during the marriage and cannot support his or her self.

Marital, Paternity or Mediation Settlement Agreements

If the parties are agreeable to the terms of their divorce or paternity action, then they can enter into an agreement prepared by one of the attorney’s involved in the case or if the parties are undecided, they may attend mediation where an agreement will be negotiated between the parties whom are usually represented by their attorneys, so that they can be informed of the legal ramifications of their agreement during the negotiations. If parties can come to a full or partial resolution of the issues, then the mediator will put the terms into an agreement and all parties will sign it. The Marital, Paternity or Mediation Settlement Agreement will be binding on the parties and it will be incorporated into a Final Judgment and thereafter enforceable by the Court.

To schedule a free consultation and to discuss the specifics of your divorce, child custody/visitation/support, paternity, stepparent adoption, and name change case at the Brandon/Riverview/Tampa Law Firm of Lynette Silon-Laguna, P.A., call 813-672-1900 or contact via email