Weston Family Lawyer Protects Your Future and Your Children's Future

If you are faced with the possibility of divorce, it is important that you speak with a Weston lawyer experienced in family law. You don't want to wait until you are served with papers to obtain legal counsel. Even if you are in a storm of emotions, you should make time to speak with an experienced family lawyer. That way if a divorce becomes inevitable, you will already have legal counsel working to protect your interests from the start. Finding a competent attorney when divorce looms is not "being greedy," but is the smart thing to do to protect your rights. Distribution of Assets and Liabilities In the state of Florida, the law requires "equitable distribution." This means that all marital assets and liabilities are to be distributed as equally as possible. Marital assets are assets obtained by either spouse during the time of the marriage. The only exceptions are properties obtained, for example, through an inheritance or a gift. Liabilities such as mortgages, credit card debt, or medical bills that are incurred by either party while married are considered marital liabilities. They too are subject to equitable distribution. Your Weston lawyer knows how to make sure that the distribution of assets and liabilities is done in a fair manner. Child Custody and Support In 2008, Florida changed its state laws concerning child custody. In fact, the idea of "custody" is itself becoming a thing of the past. In Florida, each parent has an equal right to make decisions about raising minor children. Rather than "custody and visitation," parents must work out a time sharing plan. Each parent is entitled to equal time with children. The practicalities of the situation may influence how time is shared between parents, but for the most part, parents have an equal say in where children live, and when children spend time with each parent. Paternity Cases Paternity cases arise when a child is born to two individuals who are not married. If you are a father, listing your name on the child's birth certificate is not enough to ensure your parental rights. To make sure you as the father are able to enjoy your parental rights, you must obtain a court order stating that you are the father. Paternity lawsuits establish each parent's rights and obligations. Sometimes a mother must be served with a lawsuit if she denies that the petitioner is the father. In these cases a DNA test will be ordered to establish paternity. The Pre-Nuptial Agreement A Weston family lawyer may be called upon to create a pre-nuptial agreement. The pre-nuptial agreement is a personal agreement between the two people getting married. When written poorly, a pre-nuptial agreement can cause a messy divorce to be even messier. However, when written and / or reviewed by a competent attorney, such an agreement can help couples avoid some of the emotional and financial complications that come from divorce. Each party to a pre-nuptial agreement should consult with an experienced family lawyer to ensure that they understand what is in the agreement before signing.