FAMILY DIVORCE

The Hon. Karen Cole utilizes a parenting plan for time sharing which is similar to this version.


The Parenting Plan is a required form that must be executed by the Court, which will set forth the parties' parenting arrangement.


The Financial Affidavit is a required form and must be filled out under penalty of perjury.

Download for over $50k here

Download for under $50k here


If you have a family law emergency, we are available 24 hours.

Call 296-1050.


After the Bankruptcy Reform Act (BAPCA) of 2005, it changed the dischargeability of divorce related debt in some important and material ways. 

It had always excepted from discharge alimony and child support and spousal support.  In the past, it was a question as to property settlement agreements whether they were dischargeable.

Now, divorce related debt is nondischargeable and is to prevent one from assuming the debt and then filing for bankruptcy.  It is important that you understand the debt you are seeking and whether bankruptcy is in your future.

We represent people who are considering bankruptcy and divorce.  Our practice focuses on clients who have bankruptcy and divorce related issues, including dischargeability issues.

Call us TODAY for a  consultation.


The financial aspects of your case begins with a financial affidavit.  We will assist you in filling it out, and helping you develop a plan for your financial future.

We also do bankruptcy and can assist you with the important financial planning involved in this case.  Because of bankruptcy reform (BAPCA 2005), you cannot discharge alimony, spousal support or divorce related debt.  You must consider how this debt will be serviced.  it is not enough in light of the Bankruptcy Reform to proceed with a divorce, accept a share of the debt, and then consider filing for bankruptcy. 

If you need a copy of a financial affidavit, email us today and we will provide you with one--either a long form or a short form.

Cal us TODAY for a  consultation at 904-296-1050.


If you have children and are considering divorce, you must consider the time sharing aspect of your case.  The Court must decide what visitation each party will have and who will have the greater share of the time sharing.  This does not mean custody as in the past--it means the allocation of the days of the week, holidays, weekends, birthdays, Christmas, Easter, and summers. 

This is an important part of the case.  I have personally had over 25 fully contested custody trials and many more involving partial custody determinations. 

These cases are difficult, time consuming and require careful planning, attention to detail, and discipline.  We have the experience and knowledge to help you with these cases.

You may email us TODAY and we will provide you with a free parenting plan for your review. 

Call us TODAY for a consultation.


In order to obtain a modification, you will have to demonstrate a substantial and material change in circumstances.  This means for support either a $50.00 or 15% difference based upon your current support award.  There is no requirement of how long you have to wait since the last award to obtain a modification.  It is based upon the amount of the increase or decrease. 

If you are overpaying, you may be entitled to a decrease.  The Court will consider the reason for your decrease, including whether it is voluntary, or brought about by your actions.  The Court will also consider whether you have intentionally sought to decrease your support by RAIDS (recently acquired income deficiency syndrome). 

If you have questions or are considering a modificaion, please contact us today at 296-1050.


If you have children and have questions about child support, you should call us to review your case and help you determine if you are receiving child support at the guideline amount.

If you have not yet filed, child support is set by the court pursuant to the guidelines set forth in Chapter 61.01 et. seq., Florida Statutes.  Essentially, child support is based upon the couples gross income and the amount of support for that level of income.  The guidelines then compute your respective share of that obligation, incuding day care, extended day, medical insurance, and other needs of the children (special needs of the children). 

There can also be an upward and downward departure if the Court finds there are circumstances that warrant a departure.

The Court may depart 5% without articulating any specific reasons.

If you are seeking a modification, view this title for additional information.

Call TODAY at 626-4901.


If you have been or believe that domestic violence is imminent, you should consider the filing of a petition for domestic protection.  If you are in immediate danger, you should immediately take steps to protect yourself including calling the police and removing yourself from the dangerous situation. 

The filing of a DV injunction is an important step.  You can obtain exclusive use and possession of the home, child support, temporary alimony, debt stabilization, and other such relief. 

We file these on behalf of our clients immediately! 

The Court will make a decision to enter one ex parte or without a hearing that day and if it is granted schedule an evidentiary hearing in about 10 days.  The respondent must be served with the injunction.

If there has been violence to the children, an injunction may be issued (OBO) on behalf of the minor children.  Keep in mind that it is considered domestic violence if the children are present and witness domestic violence. 

DCF may be called or already involved in the matter and they may have suggested that you file for an injunction or they would consider removing the children.  If you fail to act to protect the minor children from domestic abuse, you may be subject to a negligence action by DCF. 

Call TODAY if you have questions about domestic violence.


If you are thinking about divorce, there are many things you should consider.  The first is the length of marriage and the establishment of a standard of living.  What you can expect financially depends upon an alimony claim, which typically turns on the length of marriage.  There is a short term marriage, a gray area marriage, and a long term marriage with a presumption of alimony.  Usually 22-24 years is a long term marriage.  If you are a short term marriage, temporary alimony or bridge the gap alimony is available depending upon your circumstances.

Debts are to be equitably divided.  That means they are allocated to each party in some fashion.  There is no mathematical formula for that division. 

Assets are to be divided equitably as well.  This includes the home, cars, pensions, 401(k)'s, personal property, animals/birds/dogs, cash accounts, tax refunds, children's school prepaid plans, and the like.

You should also consider temporary circumstances until resolution of all the issues at final hearing.  You can seek temporary relief, including exclusive use and possession of the home.  If you are in need of such relief, please contact us before you make any moves until you have consulted with counsel. 

If you have or suspect domestic violence, please go to the separagte heading regarding this topic.

Call us TODAY for a  consultation.


Whether you have been served and need to file an answer or require someone to help you create and file your divorce petition, we can help. We have experience with marital dissolution, custody and support modifications, alimony issues (both temporary, periodic, permanent and lump sum), property division, contempt orders and more.

For more information call 904-296-1050 or email Lorrie here.


 
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