Our Practice Areas
The official term for divorce in Florida is "dissolution of marriage."
Florida is one of the many states that has abolished fault as a ground for divorce. This law lessens the potential harm to the husband and wife and their children caused by the process of divorce. All that is required is that the marriage be "irretrievably broken." Either spouse can file for the dissolution of marriage. All that has to be proved is that a marriage exists, one party has been a Florida resident for six months, and the marriage is broken. (There is another, little-used ground: incompetency of one's spouse). Fault, however, may be considered under certain circumstances in the award of alimony and determination of custody issues.
Family mediation is a procedure designed to assist people who are separating, divorcing, or dealing with matters arising after divorce. This procedure is intended to allow the parties to reach an agreement between themselves - privately, confidentially and informally.
Collaborative Law is a new way for a divorcing couple to work as a team with trained professionals to resolve disputes respectfully, without going to court. Each client has the support, protection and guidance of his or her own lawyer. While Collaborative lawyers are always a part of Collaboration, most models provide child specialists, financial specialists and divorce coaches as part of the clients' divorce team. In these models the clients have the option of starting their divorce with the professional with whom they feel most comfortable. Then the clients choose the other professionals they need. Therefore, the clients benefit throughout collaboration from the assistance and support of all of their chosen professionals.
Child custody and visitation, child and spousal support, and the division of community property are the three areas of family law that require the most legal expertise to resolve. Of these, child custody and visitation is usually the most costly, time consuming and emotionally draining.
When someone threatens to limit your access to your child, tries to sever your relationship with your child, or otherwise acts to interfere with your relationship with your child, your natural response is to fight. How you choose to fight to protect your relationship with your child has a greater influence on the outcome than the threat. Resorting to "self help" rarely works. Seeking out competent legal counsel greatly increases the likelihood of a favorable outcome, including an award of primary custody.
Although it is counter-intuitive, many custody battles would never erupt if both parties knew for certain what their post-separation/post-divorce monthly cash flow was going to be. Custody battles often end as soon as both parties feel financially secure.
"Move-away" motions in particular provoke the "fight" reflex and are very expensive, time consuming and emotionally draining. In the last few years, both the law and psychological theories about how children bond have undergone significant change. Current psychological thinking recognizes that children form many "primary" relationships, not just one or two as previously believed. Children also form strong bonds to "place". Neighborhoods, schools, clubs, teams, friends, and even pets are important to children.
Child custody and visitation, child and spousal support, and the division of community property are the three areas of family law that require the most legal expertise to resolve. Of these, child custody and visitation is usually the most costly, time consuming and emotionally draining.
At Weiss, Grunor & Weiss we help clients with a wide range of child support issues. We have the means to investigate all aspects of income for child support and alimony cases and provide the best possible outcome for our clients.
In divorces where alimony or spousal maintenance is an option, we help our clients seek a fair amount that will allow them to adjust to life without their spouse's financial support. Alimony depends on a number of factors, such as:
- Spousal Income
- Marriage Length
- Marriage Lifestyle
Weiss, Grunor & Weiss can provide assistance with the following:
- Child support calculation
- Child support modification
- Alimony
- Spousal support
The principal reason for a prenuptial agreement is for the parties to define how their assets, debts and past and future obligations will be handled. Full disclosure of all of the financial dealings of each partner and negotiating with one another about the financial issues, must occur well before the marriage ceremony takes place.
Prenuptial agreements aren't just for the wealthy. Even young couples benefit from a legal agreement about the financial aspects of their marriage. For example, discussions and agreements regarding how the couple intends to handle premarital debts and assets, post-marital income and assets, inheritances and the impact of children, eliminates many areas for future disagreement.
A premarital agreement can be advantageous to both parties. The agreement can spell out what previously owned property and debt will be kept separate from marital assets. It can also define financial obligations and responsibilities during the marriage, and may include the waiver of interest in retirement account assets or promises for future support. To have the best chance for success each party must be represented by separate lawyers, and each must fully disclose all assets and liabilities. Additionally, the prenuptial agreement must be prepared and entered well in advance of the wedding date. Forget about signing on the dotted line just minutes before the ceremony. Each party needs time to carefully consider all the aspects of the agreement.
