Family Law Practice Areas. Divorce, Domestic Violence, Complex Litigation Paternity Mediation Child Custody & Support Parenting Plans & Time Sharing Relocation Prenuptials & Postnuptials Modifications & Enforcement

Jauregui Law Family Law PRACTICE AREAS

Divorce

Whether you and your spouse have agreed to file for divorce or you are facing contention from your spouse in regards to separation, the process of divorce can be difficult to navigate. There are generally 2 types of divorce: UNCONTESTED and LITIGATED.

Uncontested

If both parties are in agreement as to the terms of their divorce, then uncontested is the way to go.  It is cheaper, simpler, faster, easier and less stressful.  However, the parties must agree on all terms such as: division of assets and liabilities, parenting issues if any and alimony if any.  We can prepare all the documents for you and accompany you to the final hearing.

Litigated

For parties that have been unable to agree on terms, then a traditional litigated divorce follows.  The litigated divorce has different stages: the Pleadings stage that consists of filing the Petitions and Answers, the Discovery stage that consists of the exchange of information and depositions, and the Litigation stage that consists of Mediation and Trial.  We can represent you at any or all stages of a divorce.  Our goal is to provide you with a cost effective manner to reaching a satisfactory result with the least stress possible.

The other types of divorce we handle include Divorce by Publication, Simplified Divorce, and International Divorce.  Call today for your free consultation.

Domestic Violence

Domestic Violence cases are either civil or criminal. Civil domestic violence cases are when someone petitions the court for a permanent injunction against another person. This is also known as a restraining order. Criminal domestic violence cases are criminal charges, but are characterized by the relationship between the accused & the alleged victim. Usually, criminal domestic violence charges consist of one or a combination of the following:

Battery
Assault
Stalking
Obscene phone calls
Violation of a domestic violence injunction order
Aggravated battery
Aggravated assault
Aggravated stalking

As a former prosecutor, Dianne Jauregui is uniquely capable of handling family law matters that have an element of domestic violence.  Call today for your free consultation.

Complex Litigation

Florida is known as an Equitable Distribution state. This means that all property and assets acquired during marriage — known as marital property — will be divided in an equitable manner, not necessarily 50/50 as in a Community Property State such as California. When couples are unable to reach a settlement, the court will determine who gets what. For this reason, it is important to have representation to protect what is rightfully yours.

Paternity

Biological fathers and legal fathers are not the same thing.  In order to establish rights and responsibility between unmarried parents, a paternity suit is necessary.

Mothers or Fathers can file paternity suits to establish and enforce their rights to children.  Mothers may want to establish a parenting plan and child support.  Fathers may want to establish his parental rights to timesharing with a minor child and shared parental responsibilities. When no adjudication of Paternity exists, the Natural Mother is the only parent with rights over the minor child. She has the ability to either allow or disallow a relationship with the biological father.

Mediation

Florida courts require parties to attend Mediation before setting your case for trial.  However, only attendance is mandatory.  There is no requirement to reach an agreement.  We represent you at mediation and protect your rights.  It is important to have representation that can compare the deal at the table with your possible outcome at trial.  In addition, Mediation is an excellent method for you and your attorney to size up the other side in preparation for trial, if an agreement is not reached.

Child Custody & Support  /  Parenting Plans & Time Sharing

Florida law doesn’t use the terms of “custody” and “visitation” anymore. Instead, the law recognizes the terms of “parental responsibility” and a “time sharing”.

Child Support

The Florida legislature devises guidelines calculate child support.  Whether you are a parent seeking child support or a parent subject to payment of child support, our law firm can represent you and protect your rights.

Relocation

A parent may not relocate with the minor child to a new location more than fifty (50) miles from their current location, without the written consent of the other parent or a court order authorizing the relocation.  If you are seeking to relocate with the minor child and the other parent is refusing to provide written consent, you will be required to file a Petition for Relocation and the court will make the final determination after considering the child’s best interest.

Relocation creates a change in circumstances which also triggers the filing of a modification because the timesharing of the parties automatically changes when they live far apart.

Prenuptials and Post-nuptials

There are many reasons to consider a pre-nuptial agreement, such as

·         If you own a business

·         If you have interests in a separate business

·         If you have been previously married

·         If you have separate assets such as real estate

·         If you have children from a previous marriage

·         If you have received an inheritance or might during the marriage

·         If you have a trust fund, or other continuing income

·         If you and your future spouse want to open a family business

A prenuptial agreement has many requirements to ensure that it will be enforceable. You must assume that the prenuptial agreement will be challenged at the time of divorce. With that in mind, we can draft and negotiate a solid document that protects your existing and future assets.
Modifications & Enforcement

Modification:

When circumstances change after a divorce, the State of Florida allows a modification of the Final Judgment.  However, the change must be substantial, permanent and not a voluntary change.

Unemployment / Change in earnings: If a person become unemployed, but they are able to obtain another job within a short period of time with equal or higher pay then this will not be deemed by the courts as a permanent change in circumstances. There are other types of relief available.

Children’s issues: A modification may occur when substantial changes in circumstances happen such as children living more time with one parent, one parent’s decrease or increase in earnings, one parent’s failure to see the children, or either parties attempt to move with the children outside over 45 miles of their current residents.  In these cases, it is necessary not only to prove the change in circumstances but also that the modification is in the best interests of the children.

Enforcement:

After a final judgment, all parties are required to abide by the terms of that order, such as paying child support, alimony, parenting plan, time sharing, etc. When the other party does not comply, what can you do?  You have many options.  Call us today to explore those options and guide you to the best result.