Family Law

Divorce

You gave a lot of thought to ending your marriage, and finally decided it was the right thing to do. Now, you want to go ahead and file for divorce that will make it official in the eyes of the law. But before you do, it is important to decide the process that will be used to handle divorce, one that accomplishes your goals and is appropriate for your situation. The following list is a good place to start:

The first thing to decide, is do you want to go through the Court system for litigating issues that you and your spouse do not agree upon (Contested Divorce) or do you want to try resolve the issues in a more amicable way, a way that will have less emotional impact on the family, be quicker, and financially affordable (Uncontested Divorce). 

Specifically, the word uncontested means that neither you nor your spouse plans to argue about the terms of your divorce. This type of divorce proceeds quickly through the courts, and family judges prefer it to any other kind. That is because multiple hearings, testimonies, and arguments over assets and debts are not usually required. But even when pursuing an uncontested divorce, you still want to get the best terms possible. 

If you feel that an uncontested divorce is best for your situation, then you have some options! If you and your spouse have all the terms agreed upon, our law firm will prepare all your paperwork, file the same with the court, and have you divorced in one to two months. However, if you would like for your divorce to be uncontested, but do not have the terms of your divorce agreed upon, then you have two other options: A Collaborative Divorce or Pre-Suit Mediation.

A Collaborative Divorce

Collaborative law is a way for you to resolve your case in a non-adversarial manner. A collaborative divorce allows the parties to negotiate all the terms of a divorce with a team of professionals. Each party is represented by their individual attorney, that is collaboratively trained. Maria Riddle, Esq. is a collaboratively trained attorney and is here to assist you in the Collaborative process. In addition to the attorneys, there will also be a collaboratively trained neutral financial processional and a collaboratively trained neutral mental health professional/facilitator/counselor. The goal of the team of professionals is to assist you and your spouse with resolving the terms of your divorce in a kinder, healthier, and quicker manner. 

Click here to learn more about the Collaborative Process!

Mediation

Maria Riddle is a Supreme Court Certified Family Mediator. As a mediator, Maria Riddle, will not be acting as an attorney, as she will be assisting the parties resolve their disputes as a neutral facilitator. She works with individuals who are not represented by attorneys, as well as attorneys and their clients during the litigation process. 

Click here to learn more about the Mediation Process! 

Common Divorce Terms

Alimony – Payment of support (not child support) from one spouse to another so that the spouse receiving the payment can maintain the lifestyle that he/she was accustomed to during the marriage. Also called spousal support or maintenance.

Annulment – The legal ending of an ‘Invalid Marriage’. To the law neither party was ever married, but all the children born of the annulled marriage remain legitimate.

Arrearages – The difference between the amount of alimony or child support paid, if any, and the amount required under court order.

Child Support – The amount of money that the non-custodial parent pays to the custodial parent to help pay for the everyday needs of the child(ren) such as housing, food and clothing.

Child Support Guidelines – The amount of child support to be paid, under normal circumstances, according to a schedule established by the state, based upon income. It is federally mandated that all states establish guidelines for child support.

Common Law Marriage – A judicially-recognized marriage in some states, usually based on cohabitation.

Community Property – A rule of property division which divides equally all property acquired during the term of the marriage, without regard to whose name it is held. Inheritances and gifts are excluded in some jurisdictions.

Contested Divorce – The party sued/Respondent opposes the Petition for Dissolution of Marriage they were served with because she/he does not agree with the suing party/Petitioner’s terms of the divorce i.e. property, child custody, child support, alimony, assumption of marital debts, etc.

Court Order – A written instruction from the court carrying the weight of law. Orders must be in writing. Anyone who knowingly violates a court order can be held in contempt of court.

Emancipation – An act by which a parent relinquishes their right to custody and are relieved of their duty to support the child. The child is then no longer bound to the stipulations set forth in the divorce decree. Emancipation can occur when the child marries, is inducted into military service, by court order based upon the child’s best interest or by when the child reaches an appropriate age.

Equitable Distribution – The division of the property (marital assets and debts) acquired during the marriage. Marital debts can also be part of the equitable distribution. Grounds: The reason(s) under state statute for granting a divorce. Interrogatory: Written questions asked by one party of an opposing party, who must answer them in writing under oath.

Marital Assets – All property acquired during the course of the marriage regardless of who owns or has title to it. It includes but is not limited to the following: house(s), other real estate, cash, stocks, bonds, motor vehicles, pensions, profit sharing plans and insurance.

Motion – A request for some type of action or decision to be made by the court.

Nuptial – Pertaining to marriage.

Pendente Lite Support – A temporary order of the Court which provides support until the divorce is finalized.

Petition – The formal document filed with the Court which states that the plaintiff wants a divorce and why.

Plaintiff – The person (husband or wife) who files the divorce complaint and sues the person for divorce.

Pro Se – To represent yourself in court proceedings without an attorney.

QDRO – Qualified Domestic Relations Order. A ruling by the court stating what portion of one spouse’s pension is to be awarded to the other spouse.

Quid Pro Quo – The giving of one valuable thing for another.

Restraining Order – A court order prohibiting a party from certain activities. Issued in response to a motion. Restraining orders often are issued to protect marital assets and to protect against domestic violence. In many states, violating a “domestic restraining order” is a criminal offense

Shared Parental Responsibility – Both parents have an equal say in major decisions affecting the children; Decisions relating to education, medical and religion.

Sole Parental Responsibility – Where a parent has the power to make all decisions, including day-to-day decisions as well as major decisions, concerning the child/ren’s health, education and religion without notice to and consent from the other parent.

Subpoena – A court order to attend a legal proceeding such as a trial or deposition. If documents are also requested, the subpoena is called a subpoena duces tecum, Latin for “bring with you.” Sometimes a subpoena duces tecum states that you must produce certain documents by a specific date without having to appear.

Paternity

When two parties have a child without legally being married to each other, and they separate, then the Father must establish his parental rights, such as decision making responsibility and time sharing, that he would like to have with the child(ren). Additionally, both parents are legally obligated to support their child(ren), so child support will need to be calculated. 

The first thing to decide, is do you want to go through the Court system for litigating paternity issues that you and the other parent do not agree upon (Contested Paternity Action) or do you want to try resolve the paternity issues in a more amicable way, a way that will have less emotional impact on the family, be quicker, and financially affordable (Uncontested Paternity Action). 

Specifically, the word uncontested means that neither you nor the other parent plans to argue about time sharing and decision making. This type of paternity action proceeds quickly through the courts, and family judges prefer it to any other kind. But even when pursuing an uncontested paternity action, you still want to get the best terms possible as you are looking after the best interest of the child(ren). 

If you feel that an uncontested paternity action is best for your situation, then you have some options! If you and the other parent have all the terms agreed upon, our law firm will prepare all your paperwork, file the same with the court, and have the paternity action resolved in one to two months. However, if you would like for your paternity action to be uncontested, but do not have the terms agreed upon, then you have two other options: A Collaborative Paternity Action or Pre-Suit Mediation.

A Collaborative Paternity Action

Collaborative law is a way for you to resolve your case in a non-adversarial manner. A collaborative paternity allows the parties to negotiate all the terms of the paternity case with a team of professionals. Each party is represented by their individual attorney, that is collaboratively trained. Maria Riddle, Esq. is a collaboratively trained attorney and is here to assist you in the Collaborative process. In addition to the attorneys, there will also be a collaboratively trained neutral financial processional and a collaboratively trained neutral mental health professional/facilitator/counselor. The goal of the team of professionals is to assist you and the other parent with resolving the terms of your paternity action in a kinder, healthier, and quicker manner. 

Click here to learn more about the Collaborative Process!

Mediation

Maria Riddle is a Supreme Court Certified Family Mediator. As a mediator, Maria Riddle, will not be acting as an attorney, as she will be assisting the parties resolve their disputes as a neutral facilitator. She works with individuals who are not represented by attorneys, as well as attorneys and their clients during the litigation process. 

Click here to learn more about the Mediation Process! 

Modifications

Modifications refer to the post-divorce process or post paternity actions. If you are seeking modifications of financial orders, such as child support, you need to illustrate to the court that there have been substantial changes in either party’s financial circumstances. Alimony and child custody are also modifiable with the burden of proving a substantial change in circumstances. 

The first thing to decide is do you want to go through the Court system for litigating your modification. (Contested Modification Action) or do you want to try to resolve the modification in a more amicable way, a way that will have less emotional impact on the family, be quicker, and financially affordable (Uncontested Modification Action). 

Specifically, the word uncontested means that neither you nor the other parent plans to argue the terms of the modification. This type of modification action proceeds quickly through the courts, and family judges prefer it to any other kind. 

If you feel that an uncontested modification action is best for your situation, then you have some options! If you and the other parent have all the terms agreed upon, our law firm will prepare all your paperwork, file the same with the court, and have the modification action resolved in one to two months. However, if you would like for your modification action to be uncontested, but do not have the terms agreed upon, then you have two other options: A Collaborative Modification Action or Pre-Suit Mediation.

A Collaborative Modification Action

Collaborative law is a way for you to resolve your case in a non-adversarial manner. A collaborative modification allows the parties to negotiate all the terms of the modification case with a team of professionals. Each party is represented by their individual attorney, that is collaboratively trained. Maria Riddle, Esq. is a collaboratively trained attorney and is here to assist you in the Collaborative process. In addition to the attorneys, there will also be a collaboratively trained neutral financial processional and a collaboratively trained neutral mental health processional/facilitator/counselor. The goal of the team of professionals is to assist the parties with resolving the terms of the modification action in a kinder, healthier, and quicker manner. 

Click here to learn more about the Collaborative Process!

Mediation

Maria Riddle is a Supreme Court Certified Family Mediator. As a mediator, Maria Riddle, will not be acting as an attorney, as she will be assisting the parties resolve their disputes as a neutral facilitator. She works with individuals who are not represented by attorneys, as well as attorneys and their clients during the litigation process. 

Click here to learn more about the Mediation Process!

We also assist those who are involved in child support litigation with the Department of Revenue.

Domestic Violence

If you have been a victim of domestic violence or you believe that you are in imminent fear or danger, you need to act quickly and go to your local courthouse to seek an injunction for protection against domestic violence. We are caring, understanding and passionate about assisting both the victims and the accused in all domestic violence situations.

The Florida Domestic Violence Hotline is available 24-hours a day, seven days a week, and 365 days a year at-1-800-500-1119. In addition to a 24-hour emergency hotlines, certified centers provide an array of services such as: shelters, safety planning, counseling, referral, case management, child assessment, children’s services, food, clothing, outreach services, community education, and a host of other community specific services.

Florida Statutes define domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.

Domestic violence is a pattern of behaviors that individuals use against their intimate partners or former partners to establish power and control. It may include physical, sexual, emotional, spiritual, or economic abuse, as well as the use of threats, isolation, pet abuse, using children as pawns, and a variety of other behaviors to maintain power over one’s partner through violence, fear and intimidation. It is important to note that many acts of domestic violence are also crimes. Florida Statutes[1] define domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.

Domestic violence is a pervasive, life-threatening crime that affects millions of individuals across the United States regardless of age, economic status, race, religion or education.

Child Support

Parents are obligated to support their children financially according to Florida state law.

We can help you collect past due child support and make sure future child support is paid to you in a timely fashion. Additionally, if there is a substantial change in your income, we can help you decrease child support accordingly.

We also assist those who are involved in child support litigation with the Department of Revenue.

Step-Parent Adoption

At Huddleston, Robbins & Riddle, P.A. we exercise great care with your step-parent adoption case. We understand this is an emotional experience for all parties involved and your child(ren). We are familiar with all the legal requirements and will ensure that the process goes smoothly. There are two types of step-parent adoptions, contested and uncontested. Please set up a free consultation, so we can discuss with you your options and explain how your case will be handled.