Family Law & Divorce Our firm can help you with your family law issues such as divorce, child custody and visitation, and child support. Most of these issues arise through a divorce proceeding. However, child custody, child visitation and child support are issues that arise between two unmarried individuals and are also handled through the family law court. A divorce generally involves four major issues: child custody/visitation, child support, alimony, and a division of property/debts. The court may also be asked to enter an order (called an injunction) prohibiting or requiring certain actions. After the case is concluded, the court may later be asked to modify custody and/or support. You need to understand each of these aspects of your case.    Child Custody Most parents will share parental responsibility for their children after the divorce. In doing so, you must communicate and confer with each other in making decisions that will affect your children. Usually, the court will give one parent primary residential care (custody) of the children. Unless there is a good reason, the court will grant the other parent frequent visitation. When determining who should have primary custody, the court will give great weight to the issue of which of you is more likely to encourage the children to visit the other. The court decides custody solely on what is best for the children. Often, one of the parties is hurt by the decision, especially if that party sees the decision in a "win/lose" light. In truth, there can be no loser if the children's welfare is protected. In virtually all custody contests, the court will direct both parties to participate in mediation to resolve that issue. A mediator is an unbiased third party who can often assist the parties in reaching an agreement upon what is best for the children. An agreement on custody will certainly make your case easier and help your children immeasurably in dealing with your divorce.    Child Support Aside from continuing to love your children and seeing them often, you have no higher obligation as a parent than to continue supporting your children after the divorce. Child support is more important than any other debt or financial obligation. Both parents are required to support the children, but the non-residential parent will be directed to pay his/her portion of the support to the other. This does not mean that the residential parent is not contributing to the support. Florida has adopted guidelines for child support that the court is required to follow. Your friends and relatives may have been involved in divorces years ago or in other states and receive or pay lower support than our guidelines provide. The child support in your case will be based upon your income, your spouse's income, and the needs of your children under the guidelines established by the State.    Alimony The court finds it necessary to award alimony, or spousal support, in many cases. As with child support, the court will consider two factors: one party's need and the other's ability to pay. Both of these factors must be proven in court by the requesting spouse. Alimony may be awarded to either a husband or wife and, depending on the length of the marriage and other factors, the alimony may be permanent or for only a short duration.    Property Division Under Florida law, the court must try to make an "equitable distribution" of marital property and debts. "Equitable" does not always mean "equal," although that is the starting point. Many factors, including child support, custody, and alimony awards, can cause the court to make an unequal (but still equitable) division of property. The court will not generally divide the property and debts that arise outside the marriage. A divorce is a very difficult and emotional experience. You may feel that you need to vilify your spouse in order to secure your place in the eyes of the judge. This is not the case and you should take the high road whenever possible and try to settle issues outside of court as much as possible. This is not only good for the children by not having to go through the difficult experience of a trial, but also for your own sanity. If you have children, you will be connected to your ex-spouse for a very long time. The more you can do to keep the process civil, the easier it will be to move forward with your life.