Tampa Family Law and Marital Law
Get divorce help in Hillsborough, Pasco, and Pinellas counties
Marital and Family Law refers to a wide array of subject areas to include divorce, parenting plans, time sharing (child custody), paternity, disestablishment of paternity, child support, equitable distribution of assets and liabilities, alimony or spousal support, modification of parenting plans, time-sharing, child support or alimony, and attorney’s fees.
The Davis Law Group, P.A. offers divorce and family law help to their clients throughout Tampa and across Hillsborough, Pinellas, and Pasco counties. When you want to protect your loved ones, your future, and your assets in a divorce, The Davis Law Group, P.A. is here for you. Attorneys Scott Paul Davis and Kendra Davis are also Florida Supreme Court Certified Family Mediators.
Make an appointment to visit our office, located conveniently close to downtown Tampa, two blocks north of Kennedy Boulevard on North Howard Avenue in South Tampa.
Divorce
Florida grants no-fault divorces on the grounds of irreconcilable differences. When you have minor children or if a history of domestic abuse exists, you may need to undergo a few extra steps to make sure everyone’s best interests are appropriately addressed.
Our attorneys file a Petition for Dissolution of Marriage in your local Circuit Court to start the process. Once we begin working on your divorce, we help you determine what alimony, custody/timesharing, child support, and property-division arrangements work best for your anticipated lifestyle.
Equitable Distribution (Division of Assets and Liabilities)
Under Florida law, property settlements resulting from divorce are controlled by the concept of equitable distribution. Under this analysis, any property acquired during the marriage is usually classified as "marital property". The presumption is that at the end of the marriage, the marital assets and liabilities must be evenly divided in a 50/50 split between the divorcing spouses. However, this can be rebutted through legal arguments presented at court, resulting in an unequal distribution.
Marital assets can consist of nearly anything of value that was acquired during the course of the marriage, including:
- Pensions and Annuities
- Retirement Plans (including 401k's)
- Military Retirement Pay
- Stocks & Bonds
- Material Assets such as cars, houses, real property
- Businesses
- Property Subject to Unequal Distribution (Formerly Known as Special Equity).
The theory behind this concept is that both spouses end up contributing an equal amount of time and effort to a household. If one party stayed at home, his or her contribution to the marriage came in the form of raising the children and/or maintaining the household. Often, both spouses work, and usually one spouse earns more than the other. The law regards each spouse’s earnings as being a marital asset, regardless of how much more one spouse earned than the other. This is also true of debts incurred during the marriage. Each spouse is equally liable for marital debts, regardless of which spouse incurred the debt. There may be a few limited exceptions that our attorneys need to address on a case by case basis, as these exceptions are very fact-specific. Also, the valuation date of the marital assets and debts is a very critical issue that has to be determined by agreement of the parties or by the judge, at trial.
Florida Statutes Section 61.075 states that in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on the enumerated statutory factors.
Our attorneys assist our clients in determining what is marital property, non-marital property, or what property is subject to an unequal distribution. Our attorneys work diligently to recognize equity an individual has in property that was brought into the marriage but enhanced throughout the duration of the marriage. Through our investigation and presentation of a case of unequal distribution, a judge may rule non-marital property to be partially or wholly marital, or marital property to be partially or wholly non-marital.
High-asset divorces
Divorcing couples that have a high net worth may find divorce particularly arduous.
Spouses are accustomed to a certain lifestyle, but after a divorce, the family’s assets need to support two households. Successful spouses may give lavish gifts to one another or make promises to care for certain individuals. Children may expect certain standards of living that protect their best interests.
The Davis Law Group, P.A. represents high net worth families from South Tampa, Westchase, Brandon, Valrico, Riverview, and other areas of Hillsborough, Pasco, and Pinellas counties in divorce mediation or court.
Child Custody, Parenting Plans, and Time-Sharing
Florida Statute Section 61.13 was completely revised effective October 1, 2008. The legislature abolished the concepts of child custody, primary residential parents, secondary residential parents, and visitation. Instead, we now have parenting plans and a time-sharing schedule which governs each parent's relationship with his or her minor child and the relationship between each parent with regard to his or her minor child.
In Florida, the Court will make a parenting plan determination based on what is in the best interest of the child or children if the parents are unable to reach an agreement. The Court will order that parental responsibility be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. In that case, the court may order sole parental responsibility as will best protect the child.
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, the best interest of the child is the primary consideration. In determining the best interests of the child, a Court evaluates the factors enumerated in Florida Statutes Section 61.13.
A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances, and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, which are enumerated in Florida Statutes Section 61.13.
Our attorneys are experienced in the strategic negotiation and litigation required to help you persuade your spouse or a family law judge what is in your children’s best interest. We often use other resources to assist our clients in crafting the best presentation of their case, such as parenting plan evaluations, expert witnesses such as psychologists or other mental health professionals, or parent coordinators.
Residential Relocation of a Minor Child
Relocation of a minor child is where one parent seeks to relocate the minor child or children more than 50 miles from his or her principal residence. Relocation may be sought in connection with an initial parenting plan and time-sharing determination or in a supplemental proceeding to modify a final judgment. Relocation is always a difficult and emotional issue and the probability of settlement is substantially less than when the parents continue to reside in the same geographic area.
Furthermore, Florida Statutes Section 61.13001 has special notice and pleading requirements for both the parent seeking to relocate and the parent defending against a relocation action. Special care must be taken in a relocation action to ensure the statutory requirements have been met.
Florida law does not provide for a presumption in favor of or against residential relocation. In reaching its decision regarding a proposed temporary or permanent relocation, the court considers the factors enumerated in Florida Statute Section 61.13001.
Our attorneys assist our clients in crafting the best presentation of their case and often use tools such as parenting plan evaluations and expert witnesses such as psychologists or other mental health professionals to present a case in favor of or against relocation.
Alimony
Alimony can be an extremely contentious part of divorce. If you are seeking alimony, we will zealously prepare and present your case where it is necessary to provide for your support, maintain your standard of living, or provide you additional education, training and experience to make you marketable in the work force. If you are defending an alimony claim, our attorneys will fight to limit or prevent the financial burden of hefty alimony payments. The Court will look at the following relevant economic factors in determining whether alimony is appropriate and how much alimony is appropriate:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each party.
- When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- All sources of income available to either party.
- Any other factor necessary to do equity and justice between the parties.
Injunctions/Restraining Orders
Florida law provides for injunctions for protection against domestic violence, repeat violence, sexual violence, and dating violence. They are often used to protect an abused spouse or child in circumstances where there has been violence or when a person is in fear that he or she is in imminent danger of violence. In such circumstances, injunctions are a valuable tool to help protect your right to peace and tranquility from a volatile or violent situation.
Occasionally, injunctions are abused by the moving party to attempt to gain an advantage in their family law case. Injunctions can have serious consequences on an individual’s rights. As an example, a person who has an injunction against them cannot possess a firearm. Furthermore, a violation of an injunction can lead to an arrest, criminal conviction, and possible jail time. If not taken seriously, a petition for an injunction can be granted and your rights will be limited.
If you seek to file an injunction or need to defend against an injunction, contact one of our attorneys to discuss your rights and options.
Modification of Final Judgments
Certain awards such as parenting plans, time-sharing schedules, child support, and alimony are modifiable based on a showing of a substantial change in circumstances. A Supplemental Petition for Modification of Final Judgment must be filed and served on the opposing party. If you have questions about modifying a Final Judgment or defending against a modification, contact one of our attorneys today.
Contempt
If an individual has the ability to pay and deliberately violates a court order for support, the courts may hold that individual in contempt for failure to pay the child support or alimony. An individual charged with contempt faces the penalties of incarceration, restitution, and fines.
If the individual does not have the ability to pay the support, a contempt motion is likely defensible. Contempt orders are not intended to harass an individual for not paying support. Their intent is to reimburse the due support and/or punish an individual for not following a court order when they had the ability to pay.
