Espino Law Center

Our firm handles both contested and uncontested divorce cases. Florida is a no-fault divorce state. What that means is that you do not need to prove fault as grounds for the dissolution of your marriage. The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is "irretrievably broken". Divorce can become very complicated as issues of property/debt distribution, alimony, child custody, child support, timesharing and the payment of attorney's fees are litigated. Call us for a consultation in order to understand your legal rights and obligations in a divorce matter. 

In Florida, when the mother and father of a child are unmarried, they can voluntarily sign a declaration of paternity establishing they are the parents of that child. The new Florida law grants equal parental rights to unwed fathers, effective July 1, 2023. A DNA test is not required but if one or both of the parties' request such a test be performed, then the father, mother and child will be required to go to a lab and provide samples for the DNA test. Once it is established that the party is the father, be it by voluntary acknowledgement or DNA testing, the case will move forward in the Family Division of the Circuit Court to determine parental responsibility, timesharing and child support. This can also be accomplished by mutual agreement between the mother and the father and filed with the Court for approval. Call our office to set a consultation to determine your legal rights and obligations in a paternity matter. 

The best way to protect your assets in the event of a divorce, is by entering into a Pre or Post Nuptial Agreement. A valid prenuptial or postnuptial agreement is a legally enforceable contract in Florida. Even foreign agreements (from another state or country) are enforceable as long as the contract is valid in the jurisdiction where it was signed, and it does not run counter to Florida law. Specifically, in the event of a Prenuptial Agreement, said agreement would ideally be in the hands of the other future spouse or his/her attorney several months before the marriage. That can be impractical in many situations, but the longer it is done in advance of the wedding, the better the chances that the Court will recognize the agreement as a legally binding contract. Call our office to set a consultation to obtain more information about what is required when entering into a Pre or Post Nuptial Agreement.  

In the State of Florida, you can adopt the child(ren) of your spouse by filing an action in the Family Division of the Circuit Court. A Joint Petition is filed by the parent and the stepparent along with the biological father's consent and the child(ren) consent if the child(ren) is over the age of 12. The last name of the child can be changed during this proceeding if so requested. There are certain circumstances where the biological father's consent is not required. For example, if the biological father's rights have been terminated by a Court, if the biological father is deceased or if the biological father has deserted or abandoned the child(ren). Once the child(ren) is adopted, that child will be treated as if he or she were the biological child of the stepparent. Call our office to set a consultation to determine your legal rights and obligations regarding the adoption of a stepchild(ren). 

In the State of Florida, you may change your name by filing a Petition in the Family Division of the Circuit Court and paying the corresponding fee. You are required to have your fingerprints taken, prior to proceeding to a final hearing on your Petition for Name Change. If you are in the middle of a divorce, you can have your former name restored, free of charge as part of the dissolution of marriage action without the need for fingerprints. If you are seeking to change the name of a minor, then it is required that the minor and the adult petitioner(s) have their fingerprints taken. Additionally, consent by both parents is necessary. Once you have a Final Judgment awarding the name change, you need to complete a separate process with the Department of Vital Statistics to change the child's last name on the birth certificate. Call our office to set a consultation to learn more about the legal name change process and what is required from you. 

In the State of Florida, you can file a Petition to Establish child support in the Family Division of the Circuit Court. The amount of support will be based on both parties net combined income in accordance with Florida's Child Support Guidelines. You have to submit certain financial documents as mandated by law, including a Financial Affidavit, in order for support to be calculated. Florida law limits retroactive child support payments to 24 months, prior to the establishment of the support. Retroactive child support payments can only cover the period the parents were separated. Call our office to set a consultation to determine your legal rights and obligations concerning child support. 

Child custody, also known in Florida as Parental Responsibility, and timesharing (formerly known as visitation) can be established by filing a Petition to Establish Parental Responsibility and Timesharing in the Family Division of the Circuit Court. A myriad of forms need to be filed with the Court and the Court will ultimately decide Parental Responsibility and Timesharing based on the best interests of the child(ren). There is a rebuttable presumption that 50/50 timesharing is in the best interest of the child(ren). Call our office to set a consultation to determine your legal rights and obligations concerning Parental Responsibility and Timesharing. 

To initiate a civil contempt/enforcement proceeding against a party who is not complying with a prior court order, you must file a motion with the Family Division of the Circuit Court explaining what the party has failed to do. If the Court finds that the non-compliance has been willful, the non-complying party could be held in contempt of court. A finding of contempt can carry with it serious legal consequences, including, incarceration, fines and other sanctions. In the motion you can ask the court to award you attorney's fees and costs, due to the other party's non-compliance. Call our office to set a consultation to determine your legal rights with respect to enforcing a court order. 

Often times, parents find themselves with the need to modify the terms of their prior Parenting Plan. This can be accomplished by filing with the Family Division of the Circuit Court a Supplemental Petition for Modification. In order to prevail on a request for modification, the moving parent must show that there has been a substantial and material change in circumstances and also show that the requested modification is in the best interest of the child(ren). Call our office to set a consultation to determine your legal rights with respect to modifying an existing court order. 

By now most people involved in divorce know that a new alimony law went into effect in July 2023. That law eliminated "permanent" alimony as a form of alimony in Florida. The law is not retroactive. It applies to cases filed on or after July 2023. The party that has the need for support can request from the party with the ability to pay, to pay one or a combination of different types of alimony. The types of alimony available are temporary, lump sum, bridge-the-gap, rehabilitative and durational. The new law instituted a cap on alimony terms for rehabilitative alimony and durational alimony. Call our office to set a consultation to determine your legal rights or exposure to alimony.