PINERO LAW
Practice Areas
Ms. Pinero recognizes that family law matters can be stressful and result in many questions and uncertainties. She is here to answer your questions and quell your fears. Ms. Pinero is able to provide personal attention and individualized care and, with the right mix of excellent advice and fierce advocacy, can lead you to the future you envision.
Attorney Pinero is committed to providing legal services that promote your and your family’s best interests.
Dissolution of Marriage (Divorce)
In Florida, a divorce is known as a “dissolution of marriage.” Florida is a no-fault state, meaning a party does not have to provide grounds for a divorce other than merely stating that the marriage is “irretrievably broken.” However, a party must be a resident of the State of Florida for the 6-month period immediately preceding the filing of a petition for dissolution of marriage. The issues of equitable distribution (division of assets and liabilities), alimony (spousal support), child support, shared parental responsibility and time sharing (child custody) are all addressed during a dissolution of marriage proceeding.
Division of Assets and Liabilities
What will happen with the house? Do I have to divide my retirement account? I’m not sure of all our assets and liabilities. How do I find out? These questions and more may arise within the context of a dissolution of marriage. The division of marital assets and liabilities is known as “equitable distribution,” and the process is governed by Florida Statute Section 61.075. In order to facilitate this process, the parties are required to exchange certain financial information so that each can ascertain the other’s income, assets, and liabilities. While there are many factors the court considers in effecting a distribution of assets and liabilities, it begins with the premise that the distribution of marital assets and liabilities, regardless of how title is held (in whose name it is), should be equal unless, based on the relevant factors, there exists a justification for an unequal distribution. Non-marital assets and liabilities are not subject to equitable distribution. The question of whether an asset or liability is “marital” or “non-marital” and how to effect an equitable distribution is very fact-specific and requires careful consideration. It is prudent to always consult with an attorney with regard to these and other issues that arise in a divorce setting.
Alimony/Spousal Support
How will I support myself without my spouse’s help? This is the question we hear the most. Florida Statute Section 61.08 provides for alimony or spousal support when appropriate. Alimony or spousal support is financial assistance paid by one spouse to the other during and/or after the dissolution of marriage proceeding. It is based on a demonstration of one party’s financial need for support and the other party’s financial ability to pay. It must be requested in the petition for dissolution of marriage, or it can be considered waived. There are multiple forms of alimony, such as permanent periodic, rehabilitative, durational, lump sum, and bridge-the-gap. Among the factors the court weighs in making its determination is the duration of the marriage, the standard of living established during the marriage, the parties’ earning capacities, the parties’ financial resources, and other relevant factors enumerated in the statute. This is also a very fact-specific inquiry.
Child Custody
Following a divorce, it is important to protect your parental rights and secure continued, frequent access to your child. In Florida, “custody” consists of two concepts: legal custody or “parental responsibility” and physical custody or “timesharing.” Parental responsibility is the ability to make decisions concerning your child’s health care, education, extracurricular activities, religion, and the like. Courts will either award shared or sole parental responsibility in a divorce. The place where your child will reside and the time you spend with your child is “timesharing.” These concepts are carefully detailed, along with such matters as education, communication between the parties and the child, holiday timesharing, summer timesharing, travel, and many others, in a “parenting plan,” that is developed after consideration of all factors contained in Florida Statute Section 61.13. The best interests of the child is the standard the court considers. Parenting plans can either be negotiated and agreed upon by the parties or can be established by the court in the event the parties cannot reach an agreement. A knowledgeable and experienced family law attorney can help you negotiate the right parenting plan for you and your family or help you prepare your case for trial and present the evidence necessary to establish your case. Ms. Pinero will help you to determine what is best for your child and will zealously advocate for you.
Paternity/Establishing Father’s Rights
Regardless of whether you were married to your child’s mother, as a father, you have a right to participate in your child’s life, to help make decisions that will affect your child’s life, and to form a meaningful and lasting bond with your child. Florida law recognizes this. Equally so, regardless of marriage, fathers have a responsibility to financially support their children. As such, either parent may bring an action to establish paternity, establish a parenting plan and timesharing, and provide for child support.
Child Support
Child support is an ongoing, monthly payment made by one parent to the other for the financial needs of the child. The parent receiving the funds is required to use the funds for the child’s needs. Under Florida law, both parents have a duty to support the child. Cases (divorce or paternity) involving a child will have a child support component, and, since child support is the right of the child, child support cannot be waived by either parent. The amount of child support is determined by the child support guidelines as provided in Florida Statute Section 61.30 and is based on the net incomes of the parents, the costs of health insurance and daycare, and the amount of overnight timesharing enjoyed by the parents.
Relocation
After a divorce, or a separation from your child’s other parent, a parent must seek the agreement of the other parent and/or permission from the court to relocate or move farther than 50 miles from his or her current residence, regardless of whether the parent wishing to relocate has the child the majority of the time. This is governed by Florida Statute Section 61.13001. Temporary absences, such as for vacation or education, are not considered a relocation. It is imperative that permission is sought before the relocation, especially if the parent is relocating with the child. Relocating without permission can trigger adverse results, including the entry of an order requiring the parent to return the child. The issue of relocation is determined using the best interests of the child standard, and the court will consider the impact the relocation would have on the child and on the relationship of the child with the non-relocating parent. If agreed upon or permitted by the court, issues such as an alternate timesharing arrangements, travel to effect timesharing, responsibility for payment for travel, and other issues must be addressed.
Domestic Violence/Restraining Orders
Tragically, some relationships end in violence or attempted violence. When faced with this unimaginable event, or even stalking, please contact the police to secure your safety. Afterwards, you may wish to seek an injunction, which you may do at any courthouse without the aid of a lawyer. However, advice from a seasoned domestic violence lawyer is strongly recommended so that your petition contains all of the facts necessary to secure at least a temporary injunction after which you will have to present evidence to the court in a hearing to obtain a permanent injunction.
Sometimes, you are the victim of false accusations of violence or attempted violence and are served with a temporary injunction, which was granted without even hearing your side of the story. Many times, people abuse the court system to exact revenge or to gain leverage in a companion family law case. Addressing this issue without the advice or aid of a domestic violence attorney who can properly present your case to the judge can have horribly adverse consequences – to your job opportunities, in your divorce proceeding, with respect to timesharing with your children, and in many other aspects.
Enforcement and Modification
When a party to a divorce or separation does not follow the terms of the settlement agreement, which, if ratified by the court, becomes an order of the court, or the final judgment, that party is in violation of a court order. There are a variety of ways to enforce the court’s orders, depending on the type of violation. Violations of the timesharing schedule can be addressed by the court by ordering the violating parent to take parenting classes or providing that missed timesharing be made up or ordering the violating parent to pay the other’s attorney’s fees. Even the modification of the timesharing schedule is an available remedy in some circumstances. Failure to pay child support or alimony is taken very seriously by the courts and may subject a person to a finding of contempt, which may lead to jail time if these payments are not made.
Sometimes, after the case is concluded, modification of child support, alimony or the parenting plan becomes necessary. Modifications, under some circumstances, are possible if the party seeking a modification presents evidence of a substantial and material change in circumstances since the entry of the final judgment. An experienced and knowledgeable family law attorney can consider all of your reasons for needing a modification and advise you as to whether your particular circumstances justify a modification and how to best proceed.
