Divorce Attorney

DIVORCE AND FAMILY LAW

DIVORCE, MARITAL/SEPARATION AGREEMENTS | CHILD SUPPORT AND ENFORCEMENT

Ms. Abbott and her staff recognize that divorce and family issues can be a very stressful time in your life,

which is why her goal is to offer the guidance and support you need to help you navigate through the family court system. Whether it is divorce, military divorce, child custody or other legal family issues, Lesley Turmelle Abbott, P.A. can assist you.

GROUNDS FOR A DIVORCE IN FLORIDA

The State of Florida is a "No Fault State". Neither party has to prove to the Judge the reason for the divorce. No one is found to be "at fault" for a divorce. Either party may file for a divorce siting that the marriage is irretrievably broken.

RESIDENCY

In order to file for a divorce in Brevard County, one of the parties must have resided in the state of Florida for 6 months prior to the filing of the action.

PATERNITY

When the parents of a child are not married, either party could go the Court’s for assistance with child support and establishing or enforcing time-sharing (visitation) agreements and/or Orders. For Fathers until a Court establishes him as the "legal father" of the child, he cannot ask a Judge to give rights.

ALIMONY

Alimony is determined by looking at the needs of one party and the ability to pay of the other party. Not every divorce means there will be alimony. If
there are minor children and a party is awarded alimony, the amount paid in alimony is used when determining child support. Currently, due to the
changes in the tax code, alimony established after January 1, 2019 is no longer taxable to the recipient and is no longer deductible to the paying party.

CHILD SUPPORT

Our firm has dealt with all forms of child support cases from establishing child support, modifications, contempt cases, and any other enforcement type of hearing, i.e. suspension of driver’s licenses, etc..

In determining child support the number of overnights the minor children spends with each parent is taken into consideration in doing the calculation of the number. The amount paid for daycare and health and dental insurance is also included in the final child support number.

If a party is not working at the time child support is established, a Judge may assess minimum wage to the unemployed parent. If a parent has quit their job in an attempt to avoid paying child support, the Judge may assess their past income when establishing child support.

A parent has the right to be represented by an attorney for any Department of Revenue (DOR) hearings. DOR can establish child support without having a hearing. The only way to "fix" these orders would be to appeal those orders or file a paternity action to establish a timesharing schedule (visitation). Ms. Abbott has handled many child support cases dealing with DOR.

MONTHLY BILLS / EXPENSES DURING THE DIVORCE

During a divorce, typically, the Court expects for "status quo" to continue. If one spouse paid the car insurance, the mortgage/rent, and/or the groceries, this must continue unless there is a written agreement between the parties or a court order.

DEPENDENCY / DEPARTMENT OF CHILDREN AND FAMILY SERVICES

One of the most important thing parents should know: you have a right to an attorney whenever an investigator with the Department of Children and
Family Services wishes to speak with you. Understand that prior to a court case is filed, the attorney would have to be a private attorney. Our firm has
experience with working with the Department of Children and Family Services (Child Protective Services) and have handled many dependency cases.

TEMPORARY CUSTODY BY A FAMILY MEMBER

Sometimes in life there are parents who are not able to take care of their children. In many cases, the families of these parents are the ones that become responsible for the care of the children. There are occasions that the parents willingly ask for help. But, unfortunately, there are times when the families sometimes have to step in for the best interest of their grandchild, niece, nephew, cousin, brother, or sister. The Florida Statutes have a Chapter specifically addressing these times to assist families in stepping in and protecting the children without the necessity of the Department of Children and Family Services (Social Services, Child Protective Services). In these instances, the parents of the children maintain their parental rights.

Child Custody

Every client’s divorce case is unique. And because of this, Ms. Abbott’s goal on every case is to assist her clients in obtaining what would be in the best interest of their families. She works with her clients to develop a strategy which will provide them with their desired outcome while providing them with advice on Florida law and how it applies to their case. Ms. Abbott and her staff are dedicated to assisting her clients through this difficult time in their lives. Whether you are going through a divorce or having issues with child support, Ms. Abbott is available for consultation to help you get the best resolution for your situation.

Divorce and Family Law Areas of Practice Include:

• Contested and Uncontested Divorces

• Complex Divorces

• Timesharing/Visitation (Child Custody)

• Child Support and Enforcement

• Spousal Support/Alimony

• Distribution of Property

• Property and Marital Settlements

• Modification and Enforcement Actions/Contempt

• Domestic Violence Injunctions

• Paternity Determinations

• Prenuptial and Postnuptial Agreements

• Stepparent Adoptions

• Dependency actions (DCF)

• Division of assets and debts

• Paternity

Call the law office of Lesley Turmelle Abbott, P.A. today!