Family Law: What You Should Know

Family law in US jurisdictions is a broad area that covers divorce and separation, child custody and support issues, adoption, and even the legal status of family members. Most people contact an attorney practicing in family law pasco county fl in cases of divorce and separation, especially when minor children are involved.  Most divorce cases consist of two major components: division of property and assets, and care and custody of dependent children.

Is Florida a Community Property State?

You have probably heard of the term, “community property.” In states that recognize this concept, couples who divorce are required to divide all property and assets acquired during the marriage. Florida is not a community property state; however, under the recently enacted Florida Uniform Directed Trust Act, a couple can create a trust, administered by a third party, to which property and assets can be transferred and designated as community property. The trust must meet a number of legal and financial requirements, but can be of great benefit in estate planning. It can also make the divorce proceedings go more smoothly.

Who Gets Custody of the Children?

In any Florida divorce case, the judge will place the well-being of the children above all other considerations. Under Florida Statute 61.13, the court gives no preferential treatment to either spouse; it all comes down to which parent is in a better position to give offspring the best life. However, the law intends that, regardless of who winds up with custody, all children should have frequent, regular contact with both parents. The purpose here is to ensure that parents share child-rearing responsibilities as equitably as possible.  The exception is if one parent has been convicted of a crime or is known to engage in domestic abuse.

If you are facing these issues, contact a family lawyer at the earliest opportunity.