The Joseph Firm PA Blog

IMPORTANT QUESTIONS TO ASK A MARITAL & FAMILY LAW ATTORNEY DURINGTHE INITIAL CONSULTATION

October 31, 2024

Divorce can be intimidating when you’re uncertain about the future, making it crucial to hire the right attorney. The initial consultation with a lawyer is an opportunity to evaluate if the attorney (and the law firm) is the best fit for your specific family law case. To make the most of this meeting, it’s essential to come prepared with the right questions to assess your options and find the attorney who best meets your needs. Below are five important questions to help you make an informed decision. Choosing the right attorney is one of the most important decisions you’ll make when dealing with divorce or other family law matters. By asking these questions during your consultation, you can better evaluate whether the attorney is qualified, trustworthy, and a good fit for your family’s needs. Don’t hesitate to ask tough questions!

THE BENEFITS OF MEDIATION DURING A DIVORCE

October 25, 2024

Divorce is never easy, and finding a resolution that satisfies both parties can feel overwhelming. Traditionally, couples have turned to the courts for solutions, but increasingly, mediation is becoming a popular alternative for those who can communicate and compromise. Couples who choose mediation before filing for divorce often experience reduced stress, lower costs, and faster results. Mediation offers a pathway to resolution based on dialogue, cooperation, and mutual understanding. Let’s explore five compelling reasons why mediation can be the best approach to resolving your family law case.

Florida Family Law: Postnuptial Agreements

September 30, 2024

Most adult-aged Florida residents have an understanding of the general concept of prenuptial agreements, which is a legal document entered into prior to marriage governing topics, which include but not limited to, (i) alimony, (ii) personal and real property, and various other aspects of a couple’s rights that they acquire upon marriage and what happens if the marriage ends by death or divorce. But, did you know that a married couple, who did not execute a prenuptial agreement prior to marriage, can nevertheless execute a postnuptial agreement regarding the couple’s rights that they acquired upon marriage and what happens if the marriage ends by death or divorce. Keep reading to learn more about postnuptial agreements in Florida as we’ll dive into the significance of postnuptial agreements in Florida, what they entail, and why they might be a wise choice for couples who have not executed a prenuptial agreement.

Navigating Divorce: The Benefits of Collaboration During A Divorce

September 19, 2024

Typically, divorce can be a very challenging and emotional experience that many couples face, and its impact can resonate to not only the spouses involved but also to their families and children. Although divorce is never easy for any of the parties going through it, the legal process of divorce doesn’t have to be adversarial and combative. Divorce can be amicable! If you’re interested in learning more about the process of collaborative divorce, keep reading!

A Basic Understanding of The Legal Standard: “Best Interest of the Child.”

August 28, 2024

In the realm of marital and family law, one guiding principle stands above all others: the "best interest of the child." In Florida, this legal concept serves as the cornerstone for decisions related to child custody, visitation, support, and other issues related to minor children. In this blog post, we will explore the concept of the "best interest of the child" in Florida family law, its significance, and how it shapes crucial legal determinations made by a judge.

Premarital Agreements Under The Florida Family Law Rules of Procedure

August 31, 2023

A premarital agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Florida Statute 61.079 is considered and commonly referred to as the “Uniform Premarital Agreement Act” and it applies only to proceedings under the Florida Family Law Rules of Procedure. To learn more about prenuptial agreements, pursuant to Florida Statute 61.079, continue reading as we discuss its enforcement, amendment, and formation.

Understanding the MAJOR changes to Florida’s Alimony Laws (effective July 1, 2023)

August 25, 2023

In the State of Florida, an individual who is a party to a case for dissolution of marriage (i.e. divorce matter), may request that the court enter an award of alimony in his/her favor (unless alimony was waived in a valid and enforceable prenuptial agreement). Traditionally, prior to July 1, 2023, the nature of the request for alimony could have been in the form of: (1) bridge-the-gap, (2) rehabilitative, (3) durational, or (4) permanent alimony. However, the Florida legislature has recently made some MAJOR changes to the Florida alimony laws (Fla. Stat. 61.08). Most notably, the elimination of permanent alimony and the NEW criteria for alimony modifications. Those are just two changes, but there are so many more. Keep reading to learn what changes have been made to the alimony laws, effective July 1, 2023.

Florida Family & Marital Law Attorney: Marck Joseph, Esq.

July 3, 2023

In the State of Florida, Family and Marital Law refers to the legal issues, matters, and proceedings that typically surround familial relationships. Particularly, those matters related to marriage, divorce, child custody, and support. The State of Florida has very specific regulations and laws on marriage, divorce, child support, time sharing, equitable distribution of assets, and other familial and relationship matters, including specific requirements in terms of age requirements, license requirements, and pre-marital processes in some cases. To learn more about the general aspects of Florida family law continue reading.

Navigating Child Support Matters: In The State of Florida

June 27, 2023

Child support is an important familial issue that affects many parents in the stateof Florida. In the State of Florida, each parent hasa fundamental obligation to support his or her minor or legally dependent child. To help accomplish this principle, the State of Florida, has established what are known as “guidelines” which is a schedule based on the parents’ combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household. These guidelines encourage fair and efficient settlement of support issues between parents and minimize the need for litigation. Continue reading for more information on navigating child support matters in Florida.

Miami Equitable Distribution Lawyer

March 3, 2023

The experienced Family and Marital Law attorneys at The Joseph Firm, P.A., can help you with the equitable distribution process and clarify how Florida law affects property acquired before or during your marriage.