Nothing is more important than family. A legal conflict can threaten what you value the most and drain your savings to boot. There are many situations that a Fort Myers family lawyer can assist you with. The following are the most common.
The End of a
Florida has the
honor of the seventh-highest divorce rate in the nation. Over 50,000 couples
file for divorce every year and roughly 15% of the state’s residents are
officially divorced or separated. Depending on the circumstances, a divorce may
involve paying alimony or arranging for the custody of a minor.
A lawyer can help
this often-contentious situation go smoothly. He or she can represent
individuals vigorously in court or even work to avoid court altogether while
fighting for the most favorable outcome. Since the legal system is often
confusing to navigate, it is imperative that you consult with a professional as
soon as possible if you’re seeking a change in your marriage status.
Real Property in a
Valuable assets such
as homes or property are often the subject of a Fort Myers divorce. A Fort
Myers family attorney can handle the paperwork and explain what your legal
rights are to a home or a particular property.
The Beginning of a
A Fort Myers family
lawyer can also be heavily involved in the lives of happy couples. However, a
Fort Myers family law attorney is only allowed to represent one party (not both
parties). A Fort Myers family law lawyer can draft a prenuptial agreement that
spells out how property should be divided in the event of a divorce. The
conditions of an agreement can vary depending on the preferences of a couple
and applicable Florida law. However, it is an important thing to consider
before tying the knot.
There are many attorneys in Florida, and they don’t all provide the same quality of service. The Law Offices of Shawn Siegler prides itself on providing excellent legal of representation with constant accessibility. Please contact us today for more information and for a free phone consultation at (239) 333-0077. Alternatively, you can also fill out the online contact form.
Being a victim of domestic violence can be a scary experience. Fortunately, there are recourses you can take to protect yourself from abuse if someone doesn’t want to stop harassing you. A Fort Myers domestic violence attorney can file paperwork on your behalf and advocate for you in court.
protection order may be granted by the Court if an individual files a Petition
for Injunction Against Domestic Violence with the Court. An experienced Fort
Myers domestic violence lawyer can help guide you through this process. If a
temporary injunction or restraining order is granted, during this period, an
abuser is not allowed to contact the victim.
It is possible for
a Fort Myers domestic violence attorney to provide legal representation in
which a protection order can last between thirty days or indefinitely.
A temporary restraining
order is given out by a judge who feels that it is necessary to request that an
individual does or doesn’t do something until a final hearing can occur. Once a
suspected abuser is informed, then he or she can explain their side of the
situation at a hearing. It is very important to have an
experienced Fort Myers domestic violence lawyer representing your legal
interests so that your rights are protected.
Become More Than a
Around 35% of women and 29% of men in the United States report experiencing a form of violence such as assault, physical abuse or stalking in their lifetime. Understanding your legal rights is key to keeping you safe and resolving a difficult situation. A Fort Myers domestic violence attorney from the Law Offices of Shawn Seliger has the knowledge and experience to help you today!. Please feel free to contact us today for more information and to receive a free telephone consultation at (239) 333-0077 or fill out the online contact form.
Divorces and separations are stressful situations. These circumstances are made worse when a non-custodial parent doesn’t pay child support. Fortunately, there are steps you can take to get what’s owed to you. Plus, if you need help navigating the legal system, you can always turn to a child support lawyer in Fort Myers.
Know the Legal Penalties
In 1984, Congress passed the Child Support Enforcement Act.
This legislation requires the non-custodial parent to pay child support. It
also lists penalties for the parents who fail to pay. These include the
- Garnishment of wages
- Freezing bank accounts
- Loss of driver’s license
- Denial of passport
- Liens against real estate or vehicles
- Serving time in jail
Unpaid child support is referred to as a child support
arrearage. To get what is due to you, you must have the right documentation to
support your claim. Below is the type of evidence the court needs to see:
- Receipts of what hasn’t been paid
- Attempts to collect
- Non-custodial parent’s knowledge of
court-ordered child support
- Proof of father’s paternity
A child support lawyer in Fort Myers can help you gather the
correct documents. Based on the evidence you provide, the judge determines the
amount of the payments.
There are steps you can take to collect past due child
support payments. A child support lawyer in Fort Myers can guide you through the
process. Please contact the Law Offices of Shawn Seliger today for more information
and a free phone consultation at (239) 333-0077. You can also fill out the online contact form.
A divorce can be complicated, especially if child custody, alimony or property divisions come into play. This is why it helps to have a divorce attorney in Naples working on your behalf. Below is an overview of what you can expect when you seek a divorce.
File a Petition
In Florida, a divorce is called dissolution of marriage. The
process starts when you file a petition in the Circuit Court where you reside. As
the petitioner, your document must explain what you want a judge to do.
Additionally, the paperwork must describe your marriage as “irretrievably
Expect a Response
Your spouse is served the petition. As a respondent, your
spouse has 20 days to file an answer to your petition and/or file a
counter-petition. You can submit paperwork to respond to your spouse’s counter-petition.
A divorce attorney in Naples can assist you with filing these legal documents.
File More Papers
Divorce proceedings often involve filing paperwork related
to children and finances. These documents include:
- Uniform Child Custody Jurisdiction Enforcement
Act (UCCJEA) Affidavit
- Child support guidelines worksheet
- Financial affidavit
Many Florida courts mandate that divorcing couples
participate in mediation. This allows you to resolve issues with the help of a
mediator. However, if you’re a victim of domestic abuse you may be exempt.
Prepare a Parenting Plan
A plan for parenting is either drawn up by the court or the
divorcing parties. A divorce attorney in Naples can help with this step.
Additionally, Florida requires parenting classes prior to a divorce being
A trial is known as a final hearing. At this stage, a judge reviews the case and addresses issues that weren’t resolved during mediation. After considering the evidence, Florida law and testimony, a judge grants dissolution of the marriage.
A divorce attorney in Naples can guide you through the complex
process of obtaining a divorce. Please contact us today
for more information and a free phone consultation at (239) 333-0077 or fill
out the online contact
One of the biggest issues in child custody law today is the question of whether extended family members have the right to take custody of minor children when their parents cannot care for them. In Florida, there is a clear statutory provision for extended family members to take custody and care for children within the family structure, and a Fort Myers family law attorney can help you if you need to make this kind of custodial change for a child.
Temporary Custody for Extended Family Works
The law does not allow for extended family members to sue for
permanent custody, but it does allow them to be granted custody until such time
as the child’s parents can provide care again. Those circumstances include, but
are not limited to:
- Drug or alcohol dependence
- Military deployment
To petition the court for custody as an extended relative, you
either need the notarized, signed consent of the child’s custodial parents or
proof the child is currently living with you and receiving care. You also need
to be a blood relative with at least a third-degree relation to the child. Lastly,
step-parents cannot take temporary custody if they are currently in a divorce
proceeding against the biological parent.
Help from a Fort Myers Family Law Attorney
Custodial changes require a petition to the court, whether you are the parent seeking to regain custody after a temporary reallocation or the relative seeking temporary custody. When the time comes to file those petitions, legal help can make sure you have a smooth experience with minimal delays. Please contact us today for more information and a free phone consultation at (239) 333-0077 OR fill out the online contact form.