Family Law
DE LA TORRE LAW FIRM takes a no-nonsense approach to family law. You already have enough drama as it is, we do not need to add it to it. Our firm measures cases based on what would be your likely result at trial, and we are not afraid to tell you if you are taking a bad deal. But we will also tell you when your taking a good deal. We also try to remind our clients with children to always think of their interest, because it’s the right thing to do, but most of all because the Courts will consider the best interest of the children before the interest of the parents. Clients must remember that family law is a court of equity, and Judges will often try to do what is equitable. In this context, family court is not about winners and losers, its about what is fair under the law. Using this approach, DE LA TORRE LAW FIRM looks forward to handling your case.
We handle:
- Divorce
- Paternity
- Equitable Distribution
- Child Support
- Alimony
- Separation of Property
FAMILY LAW
PATERNITY
Do you need to go to Court to establish your legal rights as a father?
In Florida, a child born outside of a marriage is presumed to be the child of the mother, but NOT the father. Even if the father is on the birth certificate, he must go to Court and establish his paternity to enforce his rights to 50/50 timesharing. This is called a petition for paternity.
DIVORCE
A typical divorce with property and kids includes the following issues:
1. Is marriage irretrievably broken?
2. Equitable Distribution
3. Partition / Division of Marital Home
4. Timesharing with your Kids
5. Child Support
6. Alimony
7. Attorney Fees
EQUITABLE DISTRIBUTION
In Florida, equitable distribution focuses on dividing marital assets and liabilities acquired during the marriage.
After the date of the marriage, assets and liabilities acquired are subject to a 50/50 equitable distribution and it does not matter who the property is titled to, so long as it was acquired during the marriage.
Factors that are considered in the equitable distribution process include: (1) duration of the marriage, (2) economic circumstances of each spouse, (3) who is keeping the marital home, and (4) whether anyone intentionally dissipated martial assets.
Although the process intends to be FAIR it often feels full of conflict. A good way to plan and avoid these conflicts is to get a PRENUPTIAL AGREEMENT or a POSTNUPTIAL AGREEMENT that outlines the wishes of the parties while they are still getting along.
PARTITION OF MARTIAL HOME
The biggest asset often held by most couples is the martial home. The marital home is often difficult to let go because the couple made memories with their children and family in the home, and there is often an emotional attachment to the property.
A marital home cannot be split down the middle like a bank account in equitable distribution. A home where the mortgage is substantially paid off and holds a significant amount of equity is often the biggest asset owned by the marital couple.
To divide the equity in the home, a partition sale is held, and the parties typically divide the net proceeds equally. Factors considered (1) whether the property is homestead, (2) whether disabled persons live in the home, and (3) the ability of one spouse to buy out the other spouse.
ALIMONY
What is alimony or matrimonial support? It is payments made by one spouse holding a much larger income, to the other spouse who makes less and needs support to maintain the standard of living achieved during the marriage.
The party seeking alimony must show they have a need, and that the other spouse has the ability to pay.
Types of alimony include temporary, bridge-the-gap, and durational. Each type has different factors to be considered. Durational alimony, for example, may NOT be awarded for a marriage lasting less than three (3) years.
In 2023, permanent alimony or alimony for “life” was abolished in Florida. Also See Florida Statute 61.08.
TIME SHARING WITH YOUR KIDS
In 2023, it became official, that both parents have the right to spend 50% of the time with their children. The parents can agree and negotiate how to split time with the children, with the understanding that the default is a 50/50 split.
CHILD SUPPPORT
In Florida, the child support guidelines in Florida Statute 61.30 determine the amount of child support to be paid by one parent to another. Typically, the parent that makes more will pay the other parent child support. The reason for this is because the TABLE first consider that the combined income of the parents is required to support the child. Naturally, if one parent makes more than their contribution to the support of the child is typically greater.
Other factors to consider in determining child support include the time-sharing schedule (is it a 50/50 split), who pays for day care, who pays for medical expenses, and other needs the child might have. Also See Florida Statute 61.30.
ATTORNEY FEES
In Florida, attorney fees may be paid by one spouse for the other spouse, if the paying party has much greater ability to pay for an attorney and the non-paying spouse has a need for the assistance. The purpose behind this is to give both parties an equal opportunity to obtain legal counsel. Also See Florida Statute 61.16.
CIVIL LAW / MORTGAGE FORECLOSURES
Civil Cases
DE LA TORRE LAW FIRM can help you with mortgage foreclosure cases and pre-suit negotiation in matters pertaining to business.
Mortgage Foreclosures
In over 13 years, DE LA TORRE LAW FIRM has defended hundreds of mortgage foreclosure cases. We know what to look for to buy you the time you need to save your home. In our experience, it’s best to attempt a loan modification, but this may be time limited if the bank already filed suit, and in this case we strongly recommend the help of an attorney.
An attorney can help you buy the time you need to achieve a loan modification, or alternatively if you need to sell your property to recover equity before the bank forecloses and all is lost. For more information please call us at our office(s) 407-733-0640.
We handle:
- Mortgage Foreclosure
- Pre-suit breach of contract
- Pre-suit demand letters
