The types of cases that a family law attorney will handle will vary from attorney to attorney. Below are some of the issues that fall under the family law umbrella:
1. Divorce
2. Child Custody
3. Alimony
4. Child support
5. Division of Assets
6. Paternity
7. Adoption
8. Modification of Support Orders
9. Modification of Custody Orders
10. Enforcement Proceedings
11. Domestic Violence
12. Guardian Ad Litem
13. Dependency Cases
14. Parental Relocation
At my firm, there is a passion to help children and those going through tough times with their family. If you or anyone you know have any of the issues listed above, or any other issue relating to family or children, contact the Law Office of Melinda Grimaldi, P.L. today for a consultation.
Personal Legal Attention for Personal Family Matters
Thursday, July 28, 2011
Monday, July 25, 2011
Divorce Workshop
Considering Divorce? Full of questions, but don’t know where the divorce process even should begin?
This workshop is designed to help women and men take the next step, no matter where they are in the process of untying the knot. Your Divorce Workshop deals with the legal, financial, family and personal issues of divorce in a logical, yet compassionate way. With the guidance of trained professionals, workshop participants gain greater understanding of the confusing divorce process. Learn more about the Your Divorce Workshop and sign up for the event at http://yourdivorceworkshop.com/. The next two events will be held on August 16 from 5:30 to 7:30pm and August 20 from 9:30 to 12:00pm.
Thursday, July 14, 2011
Six Degrees Event
For those of you that don’t already know, I have become involved with Six Degrees, a professional networking group that connects people to Big Brothers Big Sisters and inspires emerging leaders of South Florida to make a difference in the lives of children. We help to raise money and raise awareness for Big Brothers Big Sisters.
It seems that school just ended but at Big Brothers Big Sisters (BBBS), they are already planning how to prepare the “Littles” to start the next school year off on the right note with much needed school supplies.
We have a great network event coming up this month. Please see the attached flyer for the event at Solita’s on Wednesday, July 27, 2011, at 6:00 PM. In lieu of the $20 fee (donation to BBBS), please consider bringing a new backpack with school supplies as a contribution to the BBBS back to school drive. They present the backpacks to the Littles in August at they summer annual picnic.
Your contributions are greatly appreciated! See you at SoLita’s!
Domestic Violence and Custody Determinations
Can or will the court consider domestic violence when determining custody or timesharing?
When dealing with the initial custody determination or a subsequent modification of the time sharing or custody, the court will look to see what is the best interest of the particular minor child and the circumstances of that family. Domestic Violence is one of the many factors that are listed in the statute that are considered when determining the best interest of the child. (You can look at Florida Statute 61.13 for a list of all the factors that the court can consider.)
If a parent has been convicted of a felony of the third degree or higher involving domestic violence, the evidence of the conviction creates a rebuttable presumption of detriment to the child. However, even without a conviction or an injunction for protection against domestic violence, the court still must consider evidence of domestic violence when determining custody and the best interest of the child.
When dealing with the initial custody determination or a subsequent modification of the time sharing or custody, the court will look to see what is the best interest of the particular minor child and the circumstances of that family. Domestic Violence is one of the many factors that are listed in the statute that are considered when determining the best interest of the child. (You can look at Florida Statute 61.13 for a list of all the factors that the court can consider.)
If a parent has been convicted of a felony of the third degree or higher involving domestic violence, the evidence of the conviction creates a rebuttable presumption of detriment to the child. However, even without a conviction or an injunction for protection against domestic violence, the court still must consider evidence of domestic violence when determining custody and the best interest of the child.
Thursday, July 7, 2011
Time Line for a Divorce Case in Florida
The big question: How long will it take to get divorced?
The answer: It depends.
The timeline for a dissolution of marriage case in Florida all depends on the fact and circumstances of the case. It can take a couple who is in agreement with all matters of property division, spousal and child support and child custody as little as a month to get everything finalized. On the flip side, it can take a couple of years in some very contested cases.
Once a petition is filed, the other party has 20 days to respond with an answer to the petition. At that point, financial discovery will be conducted so that both parties know the income of the other party as well as all the marital and non-marital assets and debts. This is important because it allows the parties to have an informed decision when they are trying to settle their case.
The big determining factor is if the case will settle or not. Once discovery has been completed, the parties usually attend mediation. In the state of Florida, all family cases are required to go to mediation prior to going in front of the judge for trial. I have been able to settle many cases for my clients even prior to going to mediation as well as at the mediation itself. When the parties settle, they will sign a marital settlement agreement. Once this agreement is signed by both parties, the case is pretty much done – all that is left is for the petitioner to go in front of the judge for a 5 minute uncontested final hearing, which allows the judge to take testimony for some basic information and to sign the order dissolving the marriage. The timeline for getting to mediation will depend on how much discovery will need to be done.
If the parties cannot settle the case at mediation, the case will need to be set for trial. This can take a while. On June 21, 2011, I asked for a trial date for one of my cases that was not able to settle. The first available trial date is April 6, 2012. Almost one year from now!
The answer: It depends.
The timeline for a dissolution of marriage case in Florida all depends on the fact and circumstances of the case. It can take a couple who is in agreement with all matters of property division, spousal and child support and child custody as little as a month to get everything finalized. On the flip side, it can take a couple of years in some very contested cases.
Once a petition is filed, the other party has 20 days to respond with an answer to the petition. At that point, financial discovery will be conducted so that both parties know the income of the other party as well as all the marital and non-marital assets and debts. This is important because it allows the parties to have an informed decision when they are trying to settle their case.
The big determining factor is if the case will settle or not. Once discovery has been completed, the parties usually attend mediation. In the state of Florida, all family cases are required to go to mediation prior to going in front of the judge for trial. I have been able to settle many cases for my clients even prior to going to mediation as well as at the mediation itself. When the parties settle, they will sign a marital settlement agreement. Once this agreement is signed by both parties, the case is pretty much done – all that is left is for the petitioner to go in front of the judge for a 5 minute uncontested final hearing, which allows the judge to take testimony for some basic information and to sign the order dissolving the marriage. The timeline for getting to mediation will depend on how much discovery will need to be done.
If the parties cannot settle the case at mediation, the case will need to be set for trial. This can take a while. On June 21, 2011, I asked for a trial date for one of my cases that was not able to settle. The first available trial date is April 6, 2012. Almost one year from now!
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