Nick Kanelidis, has practiced as a South Florida family law attorney for over 35 years. He has continued to help clients through the trying process of divorce and other family law matters.
Divorce in Florida is referred to as dissolution of marriage. Florida is sometimes referred to as a "no fault" state, since it is not necessary to prove fault by either person to get the divorce. The only grounds necessary for a divorce is that the marriage is "irretrievably broken", which basically means that the marriage cannot be restored through counseling or otherwise. A person does not have to prove adultery or other misconduct by his or her spouse. In fact, such misconduct is generally irrelevant and will not be considered by the court unless there is also some depletion of the marital assets associated with the misconduct.
Besides the actual dissolution of the marriage, several issues are also decided in the divorce proceedings. These include alimony, child custody, child support, property division and attorney's fees. South Florida family law attorney Nick Kanelidis can help you resolve all such divorce issues.
Alimony is the payment of support from one spouse to the other. The court considers numerous factors in determining the amount and duration of the alimony, but primarily these factors are the ability of the one spouse to pay and the need of the other party, along with the length of the marriage and the lifestyle of the parties during the marriage. With lengthier marriages, the alimony may be permanent so that it lasts until the death or remarriage of the recipient spouse. Otherwise, the alimony is for a set period of time, and that period of time will vary depending on the facts of the case. As a South Florida family law attorney, Nick Kanelidis can assist you in pursuing or defending an alimony claim.
Child custody in Florida is referred to as parental responsibility. The parties generally share parental responsibility for the child or children, unless one parent is not fit to do so. In other words, the parents are to each have equal say in decisions relating to the child or children. The court will adopt a parenting plan which specifies each parent's responsibility and also provides time sharing details as to when the child is to be with each parent.
Generally, child support is payable from one parent to the other. The child support is calculated by using child support guidelines. These guidelines use the net income of both parties to determine the child support that is payable. Child support is determined as part of a divorce when the parties are married and also through a paternity action when the parties are not married. South Florida family law attorney Nick Kanelidis can assist you with all child support issues.
The property of the parties is equitably divided as part of the divorce. The assets that were acquired during the marriage are divided, and usually there is an equal division, with each party receiving one-half of the assets or one-half of the value of the assets. Debts are also equitably divided. South Florida family law attorney Nick Kanelidis can advise you on how to divide your assets and debts.
The party that earns more may be required to pay the other party's attorney's fees, as well as their own attorney's fees. The court will look at several factors to decide if such fees are to be paid. South Florida family law attorney Nick Kanelidis can represent you in pursuing a claim for attorney's fees or in defending such a claim.
The attorney's fees charged by South Florida family law attorney Nick Kanelidis depend primarily upon whether the divorce is contested or uncontested. An uncontested divorce is one where the parties reach an agreement on all issues and a settlement agreement is signed. In those situations, we will be able to quote you a fixed attorney's fee and tell you in advance what the court costs will be.
If the parties do not agree on all issues, the divorce is contested, and the fees and costs will vary depending on how long the divorce takes and the amount of work needed to complete it. In those cases, a retainer payment is required up front and the fees are based upon our hourly rate for the time spent on your case.
If the parties are not married, the paternity of the father can be established through a paternity action. As part of a paternity proceeding, the court can also establish parental responsibility, primary residence of the child, visitation and access rights and child support. South Florida family law attorney Nick Kanelidis can represent you in bringing or defending a paternity action.
If you're seeking help from a South Florida Family Law Attorney, contact Nick Kanelidis today.
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