Florida Family Law Lawyer
Our legal team at the office of Dorothy J. McMichen, P.A. handles a full range of family law matters. Partner Dorothy J. McMichen, is one of the few attorneys in the Orange County area who is Board Certified in Marital and Family Law by the Florida Bar. Contact us today to discuss your family law case. We offer services in the following areas:
We also handle the other family law matters listed below:
Alimony - Spousal Maintenance
Unlike child support, alimony is not based on set guidelines. The court considers a variety of factors when determining: whether alimony should be awarded; for how long; and in what amount. Our attorneys have handled numerous alimony disputes over the years. We are thoroughly knowledgeable about the laws which govern alimony and how those laws have been applied in other cases. Alimony may be temporary, permanent and / or rehabilitative and may be paid in a lump sum, periodic payments, or both. Some of the factors used to determine appropriate alimony are:
- The length of the marriage (alimony is awarded more frequently in long-term marriages);
- The parties' standard of living during the marriage;
- The financial resources of the parties, including all property and debts awarded in the divorce;
- The parties' incomes and earning capacity;
- The time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment; and
- The contribution of each party to the marriage, including services rendered in homemaking, child care, education, and career building of the other party.
Separate Maintenance Agreements
For some married couples, dissolution of marriage is not a possibility. Separate maintenance agreements can be crafted so that a spouse who is separated can still receive support payments.
Domestic Violence - Injunctions and Restraining Orders
Our attorneys are available to assist in procuring a Domestic Violence Injunction or restraining order or in defending an individual against the granting of one. In the state of Florida, a family member who is in imminent danger of abuse or who has been abused 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. Domestic violence injunctions are a stronger remedy then a restraining order because it provides protection in conjunction with law-enforcement.
Post-Divorce Enforcement Actions
In cases where one of the spouses does not abide by the terms of the judgment (divorce decree); you can request that the court enforce the judgment. The court may hold in contempt a party who is not complying with its orders. We represent clients an enforcement actions following the dissolution action or other family law proceeding. Common enforcement issues include:
- Refusal of or interference with visitation
- Other shared parenting issues and access to the children
- Failure or refusal to pay child support
- Failure or refusal to pay alimony
- Failure to transfer property according to the property settlement
Post-Judgment Proceedings - Modifications
Following a divorce, certain significant changes can make the original agreement or judgment unfair or even impossible. We represent clients in actions to modify or change the original judgment in the dissolution of marriage, paternity action, or other family law proceeding, including:
- Change of custody or the child's primary residence based on a change in circumstances
- Modification of child support due to increased or decreased income or other significant changes in economic circumstances
- Modification of alimony based on significant increased or decreased income or needs of either party
- Changes in visitation and access schedules
Prenuptial/Premarital Agreements
Prenuptial agreements (prenups) are often used to protect and safeguard one or both spouses' premarital assets in the event of a divorce. After full disclosure of assets, the parties can agree how their property will be distributed and whether or not alimony will be paid in the event of a divorce. It is of the utmost importance that every aspect of a prenuptial agreement is valid and enforceable because, in general, prenuptial agreements are disfavored by law. We pay particular attention to the drafting and the execution of a prenuptial agreement, and the full disclosure of both parties' assets to ensure that the agreement will be enforceable. We also represent individuals who are seeking to have a prenuptial agreement enforced or disqualified.
Grandparent's Rights
Although grandparent's rights have been significantly diminished by Florida Supreme Court decisions, our firm is available to advise you as to what rights exist and what remedies are available, if any.
Alternative Dispute Resolution / Mediation
It is our goal to facilitate an amicable agreement for the parties in a dissolution of marriage. We believe that using alternative dispute resolution reduces the emotional and financial costs of a divorce proceeding. While we are ready and able to take any case to trial, it is important to us to keep our clients out of the expensive litigation process. Nine out of ten of our dissolution cases are resolved out of court. We can accomplish out-of-court settlements through negotiation between attorneys or by mediation.
Wills and Trusts
Changes in your family structure may also trigger changes in your estate plan. We strive to help clients understand the importance of updating any wills and/or trusts upon a divorce, adoption, or custody modification. By keeping these documents up-to-date, you are effectively protecting not only your estate but your family as well.
Contact a family law attorney at the office of Dorothy J. McMichen, P.A. in Orlando, Florida today.
