Florida Family and Divorce Law Resources
Family Law matters, including divorce, are often emotional, stressful, and complex. Families in turmoil face a number of difficult hurdles involving the distribution of property, finances, and custody of children. Our goal at
The Law Office of James W. Hart is to strongly advocate for our clients’ legal rights at a minimum of mental turmoil for our client.
At The Law Office of James W. Hart, we handle the following types of family law and divorce matters:
Legal Separation or Dissolutions of Marriage – Whether contested or uncontested, simple or complex, we handle all types of dissolutions of marriage. Whether you are seeking a divorce, or have been served with a petition for dissolution, we can help you through your case. Some of the issues that may arise during a divorce proceeding include:
- Alimony
- Child Support
- Division of Property
- Complex business evaluation
- Distribution of Securities, Mutual Funds, and Stocks
- Asset Evaluation
- Debt Management
- Pensions/401(k) plans
- Children Issues, including child custody
Paternity – A paternity proceeding is one to establish parental rights by either a mother of father. Often times, a paternity proceeding is used to establish:
- Child Support
- Custody, Visitation and Access Rights
- Shared Parental Responsibility
Domestic Violence Injunctions and Temporary Restraining Orders – In the state of Florida, a family member who is in imminent danger or who is a victim of abuse by another family member or by a person with whom they have had a child or with whom they are cohabitating may apply for a domestic violence injunction. Violation of a domestic violence injunction is taken very seriously by the courts in Florida, and is considered a criminal act.
Separate Maintenance Agreements – When dissolution of marriage is not a possibility, some couples may consider a separate maintenance agreement. These agreements can be drafted such that a spouse who is separated can still receive support payments.
Prenuptial Agreements – Generally, prenuptial agreements are disfavored by the courts in Florida. Accordingly, it is extremely important that every aspect of the agreement is valid and enforceable. Our goal is to protect and safeguard the best interests of our clients according to the terms of their agreement with their spouse. We carefully draft and pay attention to the execution of these agreements to ensure that they will be enforceable should they ever be needed. In addition, we represent clients who wish to enforce or disqualify these agreements.
Enforcement Actions – Enforcement actions are used to force parties to comply with written agreements or court orders that are produced as a result of a dissolution proceeding. Such agreements or orders could involve:
- Child Support
- Shared Parenting
- Visitation
- Property Issues
- Alimony
- Access to Children
The Contempt Power of the Courts can in some cases be used to enforce these agreements.
Post-Judgment Proceedings – When circumstances change in your life, you may be able to change the terms of a final judgment. Some of the modifications that The Law Office of James W. Hart can help you with include:
- Increase or decrease in Child Support payments
- Changes in the primary residence of the child
- Changes in visitation schedules
Juvenile Court Dependency Proceedings – In a dependency proceeding, the Court examines whether a child is subjected to abuse, neglect, or abandonment. If the Court finds this to be the case, it can terminate parental rights, and award custody of the child to a more appropriate caregiver. We defend against and institute dependency proceedings.
Contempt Proceedings – Contempt proceedings can be instituted to enforce Final Judgments for Child Support, Custody, or Visitation.
Alternative Dispute Resolution – In most cases, it is not in our clients’ best interest to carry a petition through to trial. Leaving the court to decide contested issues can be a scary proposition. We strongly support negotiation and/or mediation to resolve issues that may affect families for years to come.
If you have questions or are unsure about your legal rights with regards to any Family Law issue, contact Orlando Family Law Attorney and Divorce Lawyer James Hart to schedule a consultation and learn more about your legal rights.