If you are involved in a family law dispute, the attorney you choose will play a significant role in the final outcome of your case. You want an attorney with the experience to know how to handle your case in the most effective manner possible. When making your decision who to retain, consider our experience. Our firm offers tremendous service and understands that family law disputes can be extremely difficult for everyone involved. We do everything in our power to help clients navigate successfully through difficult times.
Our firm can handle your sensitive family matter including the following:
- Alimony (Spousal support)
- Child Support
- Timesharing (Visitation)
- Division of Assets
- Domestic Violence
- Prenuptial Agreements
At the law firm of Nerina Smart, P.A. the attorneys handle both simplified and complex dissolution proceedings. If you are seeking a divorce, have been recently served with divorce papers or are in the midst of dissolution proceedings, please call our office to make an appointment with one of the attorneys. The attorneys will take the time to ensure that all your concerns are addressed and that your interests are protected.
In Florida alimony is granted based on need and ability to pay. The Florida Statutes provide for various forms of alimony including permanent, temporary, durational, rehabilitative, and bridge-the gap alimony. The attorneys at Nerina Smart, P.A. will discuss the specifics of your case in order to determine which would best apply. Assuming that the requesting party is able to establish a need for support and is able to prove that need, and the non-requesting party has the ability to pay, then various factors will be reviewed by the court to make an alimony award determination. The court will consider:
- The duration of the marriage, ie whether it is a: long-term marriage (greater than 17 years); moderate-term marriage (greater than 7 years but less than 17 years); or a short-term marriage (less than 7 years);
- The standard of living established during the marriage;
- The age, physical and emotional condition of the parties;
- The financial resources available to each party;
- The contributions of each spouse to the marriage;
- The time necessary for retraining/education in order to obtain employment;
- And any other sources of income available.
At the law firm of Nerina Smart, P.A. we understand that all these factors can be quite overwhelming and our attorneys are available to sit and discuss your specific needs.
In Florida, both parents are obligated to provide for the support of their minor children. The value of the support obligation from each parent is determined by statutory factors. Both the income of each parent as well as the amount of timesharing with each parent is considered in the calculation. If you are in need of assistance in determining your child support, or need help to enforce or modify an existing child support order please contact us at (954)745-8052.
Do you or someone you know want to adopt a child? There are different types of adoptions in Florida. Whether an entity adoption, a step-parent adoption, a close relative adoption, or an adult adoption, each have different procedures and requirements. Before you proceed, it is very important that you contact an attorney to find out which type of adoption is right for you.
Whenever making a determination of child custody and visitation, both parties must consider how parental responsibility will be shared and the type of time-sharing schedule that will work in the best interests of the child or children involved.
Property/Asset distribution oftentimes can cause an otherwise simple proceeding to turn into a very ugly feud between spouses. The courts in Florida will ensure that marital property is equitably distributed and will consider the contributions of each spouse to the marriage in making a determination.
When a parent requires assistance in acknowledging and protecting their timesharing, custody and support rights a paternity action may be necessary. A paternity action may be brought by the mother, a man who has reason to believe he is the father, or the child. Once paternity has been established the court can determine timesharing and child support. When a father has reason to believe he is to the biological father, it may be necessary to disestablish paternity.
If you are a victim of domestic violence you may be able to file a restraining order/protective injunction with the court. The petitioner of an injunction action must have been a victim of domestic violence or is in imminent danger of becoming a victim of domestic violence. To file the petition there must have been two incidents of violence or stalking with one of the incidents occurring within the last six months.
If you have filed a petition for injunction and have a hearing coming up and feel that you need an attorney to better represent your case, please do not hesitate to contact the attorneys at Nerina Smart, P.A., we are here to help!
If you have been served with a temporary injunction we can assist you in protecting your rights. Please call us immediately so that we can begin preparing for your hearing at (954)745-8052.
A Prenuptial agreement is a handy tool that is recommended for all clients contemplating marriage or re-marriage. Florida is a no-fault divorce state and the standard for division of marital assets and debts is equitable distribution. The prenuptial agreement allows the couple to pre-determine how marital assets and debts are to be distributed in the unlikely event of dissolution.
The postnuptial agreement is entered into after the marriage but can achieve the same goals as the prenuptial agreement.
Call us today for a consultation at 954-745-8052.