Fournier Law is one of the premier family law firms in Tallahassee and serves throughout the North Florida area, with over sixty years of combined experience handling divorce, child custody and support, alimony, adoption, domestic violence and other matters. Family law cases can be particularly difficult for those involved, given the emotional strain often present during the dissolution of a marriage. Our experienced attorneys will guide you throughout the process, giving you peace of mind and the security of knowing that you have the best legal representation.
Florida Law: No Fault Divorces
Florida is considered a “no fault” divorce state, which means that it is not necessary to prove that anyone was at fault in the breakdown of the marriage. What does this mean?
- Evidence of misconduct (such as adultery) is usually not relevant.
- Evidence of misconduct can be admitted to show that it caused assets to be depleted.
- Divorce is proven when the marriage is “irretrievably broken,” and cannot be fixed through counseling or other methods.
- Before granting a dissolution, a court will first decide related matters, including child custody and support, alimony, property division and attorney’s fees.
At Fournier Law, we are experienced at all phases of divorce litigation, from filing suit to mediation and trial. Our attorneys will walk you through each step of the process, providing you with information so that you understand the law and your options for resolving the case.
Child Custody and Support
Child custody and support is one of the most important — and stressful — aspects of a divorce case where children are involved. There are two types of child custody:
- Physical custody refers to time actually spent with the child or children.
- Legal custody means the ability to make decisions about a child’s upbringing (education, religion, discipline, medical decisions, etc).
Many factors go into deciding how parents will share custody of their children, with shared physical and legal custody usually awarded unless one parent is unfit. A parenting plan sets out a schedule for shared custody.
Child support is paid from one parent to another, and is determined based on strict child support guidelines. Each party’s net income is reviewed by the court in making child support awards. With decades of experience in Florida family law, the attorneys of Fournier Law understand how child custody and support determinations are made. Contact our office today to learn more about how we can help you in child custody and support cases.
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Other Aspects of Florida Family Law Cases
If you are getting divorced in Florida, the following factors may be important considerations:
- Florida law provides for equitable distribution to martial assets and debt. This means that the assets and debts are typically divided equally.
- Attorney's fees may be awarded is based on many factors but one essential factor is not who makes more but: a party's demonstrated need to have their attorney's fees paid and the other party's financial ability to pay.
- Mediation is required in all family law cases. The biggest advantage to mediation is that it requires the parties to attempt to reach an agreement as to all or some of the issues in the case. Often, we have found, that the parties have more long term success from an agreement they craft themselves than one a judge would impose on them. Also, the agreements entered into by the parties can be more custom tailored to their lifestyle and financial situation than a judge would be able to do under Florida law.
The attorneys of Fournier Law are skilled at negotiating the division of assets, as well as pursuing or defending claims for attorney’s fees. Both Patricia and Gena Fournier are certified Family Law mediators, skilled at negotiating agreements between parties in divorce and other family law cases. If mediation is unsuccessful, we will litigate your case to achieve the best result for you and your family. We'll fight for you!
Family Law Attorneys in North Florida
For any Florida family law matter, Fournier Law will provide you with compassionate, competent legal counsel. We pride ourselves in educating our clients so that they have a realistic expectation of how their case will be resolved. Our attorneys will work with you to help you understand your specific legal situation, including all of the available options to resolve it. We understand that family law cases can be incredibly emotional and stressful, and will provide you will invaluable perspective so that you can make informed, rational decisions about your case. If you need an experienced Tallahassee family law attorney, contact Fournier Law today to schedule an appointment.
