An Atlantic Beach FL family law attorney can be a valuable resource during one of the most difficult things many people have to go through: divorce. We help our clients secure their interests, separate their assets, and arrange a visitation schedule that works for the best interests of their children. We can also help arrange spousal support, child support, or make modifications to existing agreements depending on changes to circumstances.
The Law Office of A. Sam Jubran, P.A. provides expert legal representation to Atlantic Beach residents. If you’re going through a trying divorce, contact us for more information on how we can help you.
Divorce in Florida
It used to be that every state only permitted couples to divorce if they could prove grounds for divorcing. That meant one spouse had to blame the other spouse for the breakdown of the marriage. Up until recently, New York was the only state left in the U.S. that forced couples to prove grounds. Now all states, including Florida, allow for what we call call no-fault divorces.
In a no-fault divorce, a spouse uses “insupportability” as grounds for dissolving the marriage. In layman’s terms, the spouse claims that the couple has irreconcilable differences and these are past the point of repair. Some states allow couples to file either fault-based or no-fault divorces. However, Florida only allows couples to file based on no-fault grounds.
This does not, however, translate into one spouse being blameless for the breakdown of the marriage. Indeed, even states that only allow couples to file no-fault divorces recognize that sometimes one spouse has been abusive, committed adultery, or otherwise behaved unconscionably and this has resulted in the marriage’s break down. The court will consider issues such as these when it comes to dividing marital property and determining custody of the children. Florida has a vested interest in ensuring that the courts do not place children into the homes of unfit parents.
If you’re escaping an abusive, neglectful, or otherwise unfulfilling marriage, an Atlantic Beach FL family law attorney can help you make your case in court.
There are several advantages to pursuing an annulment in the State of Florida. In an annulment, instead of saying your marriage is past the point of repair and needs to be dissolved, you claim that the marriage never really existed at all. There are advantages to pursuing an annulment. However, you are likely in for a legal battle. This is because it effectively cuts the other spouse from any benefit of the post-divorce settlement.
The law does not recognize legal separations by name. But Florida does recognize the need for married couples to make legally binding arrangements while they’re still married. For instance, hammering out a visitation schedule for your children while the two of you are living apart may require legal authority to enforce. An Atlantic Beach FL family law attorney can help you ratify a legally binding agreement while you and your spouse are separated.
Parents who work together to ensure that the best interests of the children are seen to generally have a much smoother time transitioning into post-divorce life. So do their children. However, there are cases in which the best interests of the children are to prevent one parent from having access to the children.
In other situations, the parents may not agree on what the best interests of the children are. They may make wild claims about each other that may or may not be true. The court is then forced to make a decision on the parent’s behalf. In order to do that, it must consider the best interests of the children. The court must then make a determination as to what, specifically, those are. In some cases, that will not be what the children themselves want although the child’s preference is considered by the court.
What if you believe that your spouse should not have access to the children? Make sure to discuss this with your Atlantic Beach FL family law attorney.
In some cases, Florida mothers will need to prove a man is indeed the father of their children by getting the court to force him to take a paternity test. In other cases, a Florida father wants to establish his right to have a relationship with his child. An Atlantic Beach FL family law attorney can help you make your case in either situation.
Florida courts operate on the general premise that is in the best interests of the child that they have access to both parents. For many fathers, however, it doesn’t feel that way. If your ex is attempting to deny you access to your children, The Law Office of A. Sam Jubran, P.A. can help.
Contact an Atlantic Beach FL Family Law Attorney
The attorneys at The Law Firm of A. Sam Jubran, P.A. offer top quality representation to many clients, all of whom are in unique situations. Call us today to speak to an experienced Atlantic Beach FL family law attorney.