Family Law

Divorce

If you are contemplating divorce, The Elkins Law Firm can guide you through the divorce process with experience and understanding. The Elkins Law Firm has represented numerous clients over more than sixteen years all throughout the State of Florida in their divorce proceedings.

Florida is a pure no fault state, which means you do not need consent from your spouse to get divorced. You need only to state a legal reason to get divorced. The most common ground is that the marriage is considered "irretrievably broken."

In Florida, a divorce is referred to as a "dissolution of marriage." So long as one party has resided in the State of Florida for at least six (6) months prior to the filing, and the marriage is irretrievably broken, you can obtain a divorce in Florida.

There are two types of dissolutions of marriage: Contested and Uncontested. Alternatives such as mediation and/or negotiating a marital settlement agreement through counsel can help resolve issues outside of court and help reduce costs.

Petitions to Establish Paternity

Did you know that if you are not married to the woman that gives birth to your child you are in need of a Petition to Establish Paternity to obtain any timesharing rights with the child? The State of Florida gives virtually no rights to a father who is not married to his child's mother at the time of birth.

Even if you have signed the birth certificate as the Father you still must file a Petition to Establish Paternity in order to establish parental rights. In the Petition you will request that paternity be established by the Court and that the Court issue a ruling as to child support, health and medical insurance, time-sharing, a parenting plan, and all other child related issues pursuant to Florida Law.

Modifications

Life changes and the Final Judgment that was entered in your case may not be working now the way that it once did. Sometimes after the entry of the Final Judgment, circumstances change for the parties in their jobs, home life, or in the lives of the children.

Such changes may require modifying, enforcing, or setting aside final judgments, parenting plans or marital settlement agreements. If your alimony payments or child support payments are insufficient, you should seek modification through the courts. The Elkins Law Firm has over 16 years experience in modifying final judgments, parenting plans, and marital settlement agreements.

Relocations

When the family unit separates through divorce it is not uncommon for one of the parties to eventually decide that he or she wants to relocate to a different city, or sometimes to a different state entirely. Florida Law defines relocation as when a parent changes their location from at least 50 miles away from their residence for at least 60 consecutive days.

If that is going to occur then the relocating parent must either obtain written consent and permission from the other parent, or file a Petition to Relocate. Relocation Petitions can become complicated and it is advisable to retain the services of an experienced family law attorney.

Department of Revenue Child Support Enforcement

Department of Revenue hearings only care about child support and are not equipped to determine timesharing issues. Without the determination of timesharing, fathers are paying too much in child support because the Department of Revenue calculations are not taking the father's overnights into account.

Know your rights! Have a lawyer with you at your Department of Revenue hearing! If you have been served with a Department of Revenue Child Support action, contact The Elkins Law Firm to schedule a consultation.