What should you know about a divorce?

Divorce is an emotional experience, often liberating and devastating at the same time. Families face many challenges and  changes during and following a divorce. You have many questions. It is critical to have an attorney who can help you see beyond the emotion, and give you straightforward and practical advice, which is professional and tactical.

For many years, the Law Firm of Arthur J. Higgins in Orlando Florida has represented men and women in divorce proceedings. Attorney Arthur Higgins counsels individuals concerning their children, property rights, alimony, child support, property distribution and future life plans. He will provide you with a professional, experienced, and objective evaluation of your divorce, and represent you at all the proceedings. 

The Divorce Process

A divorce is often a complicated, emotional and overwhelming process. Your future is at stake. You need immediate answers to your legal questions and a lawyer who will take the time to understand the facts and review your family's history, finances, businesses, investments, standard of living, children, health, and education. You need an attorney to achieve your goals. For more information, call our office at 407-423-0455. Our firm handles all aspects of divorce proceedings and other family law litigation.

Businesses and Investment Holdings During Divorce

Business owners and investors have a lot at stake and risk during a divorce. Given the complicated financing arrangements and business agreements associated with your business, you need a divorce attorney who understands business law.  Our firm handles the valuation and recommends distribution of business properties, stock holdings, 401K, investments, and rental properties.

How to Determine Child Custody and Visitation

The court expects parents to protect their children from the emotional trauma associated with divorce. A child's life is turned upside down when his or her parents separate.

The goal of a court's determination of custody and visitation is to provide a living arrangement that is in the best interest of a child, consistent with the thirteen factors found in Florida Statues 61.13.

Most parents agree that they want to provide what is best for their children, but frequently parents disagree. When the parents disagree about custody arrangements, they need an experienced attorney to represent their interests and needs. For several years, the Law Firm of Arthur J. Higgins has advised parents about child custody, and represented their interests in court.

Child Custody Determinations

Child custody should be based on your child's best interests and needs, and not the parent's emotional or financial concerns. In Florida, the custodial parent receives child support, and the non-custodial parent must make payments. Even though it is in the best interests of the child to live with one parent, the other parent may seek custody, just to avoid or reduce child support payments.

When determining parental custody, whether sole, joint, or rotating, the court examines a variety of statutory factors impacting the welfare and interests of the child, including:
 

Child Visitation

If you were not awarded primary custody over your child, you have a right to extensive contact with your children. Visitation is awarded to parents, absent a showing of abuse or neglect. If you seek to obtain or modify visitation call our office and lawyer Arthur Higgins will represent your interests throughout the proceedings.
 

Determining Income and Child Support Guidelines

Under Florida's child support statutory guidelines, support is determined by examining both parents' income. When a parent is a business owner or possesses investment properties, determining income can become complicated. Our lawyers will examine all aspects of compensation to determine actual income, including: travel, meal, and auto allowances; bonuses; retirement contributions; commissions; insurance and payment of personal expenses. When necessary, we will employ an accountant to determine your spouse's income.

There are many ways a spouse can hide income to minimize child support or alimony awards. To determine an appropriate alimony or child support award, your lawyer must consider the following:
 

You need an attorney who will take the time to understand your needs and goals.
 

Injunctions

Any person who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, can file a petition for an injunction for protection against domestic violence.  If the Court feels there is an immediate danger based on what is contained in the Petition, it will enter a temporary injunction.  The Judge's issuance of a temporary injunction is based only
upon the Court having heard one person’s version of events, and the Court will set a hearing where both the Petitioner and the Respondent will have the opportunity to testify and be heard in regards to whether an injunction is warranted in the case.

An Injunction may involve issues regarding possession and exclusive use of the home, child custody, visitation and support.  In certain cases the court can also require the Respondent to participate in treatment, intervention, and/or counseling services.  An injunction may also require a person to surrender their firearms.

A person who willfully violates an injunction for protection against domestic violence issued pursuant to Florida Statute 741.30 commits a misdemeanor of the first degree.  

A person who does not meet the criteria for a Domestic Violence Injunction may need to seek protection through a Petition for Protection against Repeat Violence, a Petition for Protection
against Dating Violence, or a Petition for Protection against Sexual Violence.


For more information about any of these issues, contact us today to speak with an attorney to see how we can help you.  

Paternity

Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings to determine the paternity of the child when paternity has not been established by law or otherwise. The action must be brought in the county where the plaintiff or defendant resides and begins with one party filing a Petition to determine Paternity.  The other party has to file an Answer within 20 days of being served with the Petition.  

If the responding party is in agreement, scientific testing may not be necessary; however, if the parties do not agree a paternity test may be necessary.   

If paternity is established, the Judge will decide the parenting arrangements such as parental responsibility, custody and visitation based on the child’s best interests.  In some cases, the court may request a parenting evaluation or appoint a guardian ad litem to assist in the making it's determination.  

Child support may also be ordered to assist the other parent in meeting the child’s material needs.  

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