Providing Compassionate Support to Clients in Broward County

When you need legal services with a family law case, it’s generally because something significant has changed in your life. Whether that’s the end of a marriage or a coparenting relationship that is no longer working, taking the issue to the family court system can help you get a resolution. However, this process is often also full of questions and uncertainty, which is why it’s essential to work with an experienced Fort Lauderdale family law firm.

At Winthrop Law Offices, we witness firsthand the complexities of the family law system and the profound impact these cases have on our clients’ lives. Our goal is to ensure that you have compassionate legal representation on your side and that we act as your advocate throughout this process. Get started by calling (561) 209-0410. 

What Are the Most Common Family Law Issues?

Family law encompasses a range of legal issues related to families and children, and these issues are often interconnected. At Winthrop Law Offices, our firm assists clients in and around Fort Lauderdale who require legal services related to family relationships and finances. Some of the most common areas we help with include:

Uncontested and Contested Divorce

Whether you and your spouse are in agreement on the terms of your divorce and are ready to file a marital settlement agreement or you’re anticipating a legal battle, our attorneys have the experience you need to navigate this situation. The dissolution of marriage process requires specific legal filings, and leaving out crucial terms from your agreement or missing the deadline to submit a response to a filing can negatively impact and delay your case. Having representation is crucial to navigating this process as smoothly as possible.

Child Support

Both parents have a legal obligation to support their child financially, even if they are no longer in a relationship together. Child support is designed to provide an official way for one parent to contribute to the financial needs of their child. When the parents don’t have equal time-sharing, the parent who spends less time with the child generally makes payments, even though both parents have a legal obligation to provide support for their children. Situations where the parents have equal time-sharing, or there are exceptional financial circumstances, may require other arrangements. An attorney can help you determine how the statutory child support guidelines apply to your case.

Child Custody (Now Called Time-sharing)

Child custody (now called time-sharing) cases are one of the most frequent case types in the family court. The Florida statutes refer to child custody and visitation rights as time-sharing, and parental responsibility refers to decision-making. In most cases, the parents will be granted equal time-sharing unless there is a compelling reason to show that a different schedule is in the best interests of the children.

The court can consider any factor that is relevant to the well-being of the children, including but not limited to the ability of each parent to provide a stable home and whether there are any safety concerns. In many cases, it’s better for the parents to come to an agreement and then have the court make that an official order, but that isn’t always possible. Whether you are trying to negotiate a time-sharing case or you’re already in the middle of litigation, our attorneys can help.

When Should You Consider Settling Family Law Matters Out of Court?

Settling a family law case outside of court doesn’t mean that you can avoid the court system entirely. Instead, the parties agree either through traditional negotiations or a more formal process, such as divorce mediation, and then present that agreement to the court for the judge’s approval. Settling out of court can be an option for certain family law cases and divorce proceedings where the parties can communicate productively and want to maintain as much control as possible over these decisions.

Negotiating a settlement without litigation can also be appropriate if the parties want to minimize how long the process takes or are concerned about privacy. Formal dispute resolution processes like mediation often offer more privacy because there aren’t as many filings to be part of the public record.

Keep in mind that while it seldom hurts to at least attempt a settlement, it isn’t appropriate in every case. Our Fort Lauderdale divorce attorneys can help you understand when negotiations or mediation can be a strategic choice and when it’s time to move forward with litigation so that the case can be resolved.

When Can You Request a Modification of a Court Order?

A judge may hand down a court order at the end of a family law case when the matter is resolved or as a temporary order when the proceedings are ongoing. For example, a judge may order that the parties in a divorce are not allowed to sell any marital assets until property division has been handled. In some cases, these orders are considered permanent, meaning they cannot be changed unless there are certain circumstances. For example, the property division aspect of a divorce order isn’t usually able to be modified after the fact unless there is evidence of fraud. Others are more open to modification, such as parenting plans and child support.

Court orders regarding children can be modified at the mutual request of both parties or when one party files a petition for a modification. For example, a parenting plan regarding the time-sharing schedule may need to be modified as the children get older and are involved in more activities or if one parent moves a significant distance away, but there are several factors that the court must consider before modifying any particular parenting plan. If the parents aren’t in agreement over the modification, the case may need to go through mediation or litigation before a judge.

Child support orders can be modified if there has been a significant change in circumstances in one or both parties, such as an increase in the child’s needs or a parent losing their job.

What Factors Does a Judge Consider in Florida Family Law Cases?

Judges are required to operate and make decisions based on Florida law, not their personal opinions or preferences. However, Florida’s statutes do give judges a great deal of leeway when making decisions. For example, there are specific factors that must be considered in cases involving parental responsibility and time-sharing, property division, or alimony, but in most cases, the law allows the judge to also consider any other relevant factor.

What factors are most important and influential depend on the type of case, but may include, amongst other factors:

• How long the parties were married
• The financial circumstances of both parties
• What evidence and witness testimony they have to support their case
• Whether there is evidence of domestic violence
• Compliance with any previous court orders
• Any issues that could affect the equitable distribution of property or a child’s safety and well-being

Judges must look at the totality of the evidence and circumstances and make a decision that aligns with the statutes. Your attorney plays a significant role in this process by deciding on a legal strategy and using evidence and testimony to support your claims and argue your case.

If you’re a Florida resident living in Fort Lauderdale or the surrounding area and need assistance with a family law case, Winthrop Law Offices can help. Our family law firm is comprised of experienced Fort Lauderdale family lawyers who provide legal counsel and guidance on matters ranging from divorce and alimony to custody and child support. Call (561) 209-0410 today to learn more.