Florida Family Law

Sauvola & Associates, P.A., handles all matters of Matrimonial and Family Law, including, Pre-Nuptial Agreements, Estate Planning, Probate, Dissolution of Marriage, Alimony, Child Support and Visitation Rights, Enforcement and Post-Judgment Modifications, Grandparent Visitation Rights, Paternity Actions, Educational Advocacy and IEPC (Individual Education Planning Committee) Representation (SEE Educational Advocacy FOR MORE INFORMATION), Juvenile Delinquency and Dependency, Domestic Violence, Injunctions for Domestic Violence, Repeat Violence and Dating Violence, Child Abuse Allegations, and Termination of Parental Rights, and Adoptions.

The exact procedure for how cases are filed varies from case to case. However, the filing party must be a resident of the State of Florida in order to file any civil action through this Firm.

Pre-Nuptial Agreements

Also called an ante-nuptial agreement, a pre-nuptial agreement is a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved. These agreements are fairly common if either or both parties have substantial assets, children from a prior marriage, potential inheritances, high incomes, or have been "taken" by a previous spouse.

Estate Planning

Sauvola & Associates, P.A. can assist you in your estate planning needs. We specialize in the preparation of estate planning packages which may include, but are not limited to Wills, Living Wills, Inter Vivos Trusts, Testamentary Trusts, and Health Care Surrogates.

A Will is a written document which leaves the estate of the person who signed the Will to named persons or entities (beneficiaries, legatees, divisees) including portions or percentages of the estate, specific gifts, creation of trusts for management and future distribution of all or a portion of the estate (a testamentary trust). A Will usually names an executor (and possibly substitute executors) to manage the estate, states the authority and obligations of the executor in the management and distribution of the estate, sometimes gives funeral and/or burial instructions, nominates guardians of minor children and spells out other terms. To be valid the Will must be signed by the person who made it (testator), be dated (but an incorrect date will not invalidate the Will) and witnessed by two people (according to FL law). In Florida the witnesses must be disinterested, or a gift to a witness is void, but the Will is valid. A Will totally in the handwriting of the testator, signed and dated (a "holographic Will") but without witnesses, is valid in many, but not all, states. If the Will (also called a Last Will and Testament) is still in force at the time of the death of the testator (Will writer), and there is a substantial estate and/or real estate, then the Will must be probated (approved by the court, managed and distributed by the executor under court supervision). If there is no executor named or the executor is dead or unable or unwilling to serve, an administrator ("with Will annexed") will be appointed by the court. A written amendment or addition to a Will is called a "codicil" and must be signed, dated and witnessed just as is a Will, and must refer to the original Will it amends. If there is no estate, including the situation in which the assets have all been placed in a trust, then the Will need not be probated.

A Living Will is also called "a durable power of attorney," and is a document authorized by statute in Florida, in which a person appoints someone as his/her proxy or representative to make decisions on maintaining extraordinary life-support if the person becomes too ill, is in a coma or is certain to die. In most states the basic language has been developed by medical associations or other experts and may provide various choices as to when such maintenance of life can be terminated. The decision must be made in consultation with the patient's doctor. The Living Will permits a terminal patient to die in dignity and protects the physician or hospital from liability for withdrawing or limiting life support. In the wake of the most recent FL Case involving Terri Schiavo, the execution of a Living Will, can eliminate the need for long drawn out litigation, where long term life support is not your decision of choice. If you plan for your future now, you may relieve your family members of heartbreaking decisions later.

A Health Care Surrogate is a Power of Attorney for Health Care, where you name a person whom you trust to make health care decisions for you. The law calls this person your Agent. You are allowed to provide careful directions to your Agent regarding how to make health care decisions for you when you are unable to do so for yourself. The Power of Attorney for Health Care allows a member of your family or friend the right to make these decisions for you but you must name one of these individuals in writing as your Agent.

An Inter Vivos Trust is a trust created by a writing (declaration of trust) which commences at that time, while the creator (called a trustor or settlor) is alive, sometimes called a "Living Trust." The property is then placed in trust with a trustee (often the trustor during his/her lifetime) and distribution will take place according to the terms of the trust-possibly both during the trustor's lifetime and then upon the trustor's death. This is different from a testamentary trust, which is created by the terms of a Will and places some assets from the deceased person's estate in a trust to exist from the date of death and until fully distributed.

Testamentary Trust is a trust created by the terms of a Will. Example: "The residue of my estate shall form the corpus (body) of a trust, with the executor as trustee, for my children's health and education, which shall terminate when the last child attains the age of 25, when the remaining corpus and any accumulated profits shall be divided among my then living children." A Testamentary Trust differs from an "Inter Vivos" or "Living" Trust, which comes into being during the lifetime of the creator of the trust (called trustor, settlor or donor), usually from the time the declaration of trust is signed.

Probate

Probate is the process of proving a Will is valid and thereafter administering the estate of a deceased person according to the terms of a Will.

Sauvola & Associates, P.A. will file the purported Will with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the Will and appoint the executor named in the Will (or if none is available, an administrator).

Sauvola & Associates, P.A. handles the entire process of probate from filing the Petition for Administration through Discharge of the Estate. The means of "avoiding" probate exist, including creating trusts in which all possessions are handled by a trustee, making lifetime gifts or putting all substantial property in joint tenancy with an automatic right of survivorship in the joint owner. Even if there is a Will, probate may not be necessary if the estate is small with no real estate title to be transferred or all of the estate is either jointly owned or community property. Reasons for avoiding probate are the fees set by statute and/or the court (depending on the laws) for attorneys, executors and administrators, the need to publish notices, court hearings, paperwork, the public nature of the proceedings and delays while waiting for creditors to file claims even when the deceased owed no one.

Sauvola & Associates, P.A., handles probate actions to be filed in Miami, Broward, Palm Beach and Martin Counties, Florida.

Dissolution of Marriage

Sauvola & Associates, P.A. handles all aspects of Dissolution of Marriage from the filing of a Marital Separation Agreement or Petition for Dissolution of Marriage to Final Judgment.

Sauvola & Associates, P.A., and Nicole Sauvola, Esquire understands the psychology of divorce as much as the law. By appreciating the fact there are 5 stages to grieving in divorce, comparable to the grieving stages in death (denial, anger, bargaining, depression and acceptance) she helps couples from anger to the acceptance stage. Sauvola & Associates, P.A. is a proponent of informal mediation, we believe that it is there that the fairest resolutions are often achieved with the most cost effective results. We help you keep your assets for your family, not waste them by battling it out with mounting attorney's fees.

Florida permits 'irreconcilable differences' type no fault divorces as well as fault divorces. You must live in Florida for 6 months before you can obtain a divorce. For an uncontested divorce you need a marital separation agreement and a short hearing is required. The process can take as little as 30 days. The dissolution of marriage action should be filed in either (1) the county where the defendant resides; or (2) the county where the spouses last lived together prior to separating.

Uncontested Divorces may also be filed in the form of a marital separation agreement. A Marital Separation Agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody. A marital separation agreement may be drawn before or after you have filed for divorce — even while you and your spouse are still living together.

If you have no marital property, no joint debts, and no children, you probably don't need a marital separation agreement to get a no-fault divorce. However, if you want to provide for the future governance of your relationship, as well as provide additional evidence to the court about the day that you separated, you should have a Marital Separation Agreement. An agreement leaves no doubt about the details of the ending of your marriage relationship. It is better to have a clearly written agreement, rather than rely on verbal understandings.

Alimony

Alimony is support paid by one ex-spouse to the other as ordered by a court in a divorce (dissolution of marriage) case. Alimony is sometimes also called "spousal support". Usually it is paid by the male to his ex, but in some cases a wealthy woman may have to pay her husband. Payment of alimony is usually limited in time based on the number of years of marriage. Lengthy marriages may result in a lifetime of payments. A substantial change in circumstance, such as illness, retirement, or loss of income, can be grounds for the court to grant a modification or termination of the payment. Failure to pay ordered alimony can result in contempt of court citations and even jail time. The level of alimony can be determined by written agreement and submitted to the court for a stipulated order. With regard to Income tax filings, alimony is deductible as an expense for the payer and charged as income to the recipient. PLEASE NOTE: Child support is not alimony.

Sauvola & Associates handles all aspects of alimony consideration, including temporary support requests, pre-dissolution and post-judgment modifications or termination of payments.

Child Support

Child Support is court-ordered funds to be paid by one parent to the custodial parent of a minor child after divorce (dissolution) or separation. Usually the dollar amounts are based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child. In Florida, the amount is determined by a chart which factors in all these figures (See Florida Statutes s. 61.30 F.S. - Child Support Guidelines). It may also include health plan coverage, school tuition or other expenses, and may be reduced during periods of extended visitation such as summer vacations. Child support generally continues until the child reaches 18 years, graduates from high school, is emancipated (no longer lives with either parent), or, in some cases, for an extended period such as college attendance. The amount and continuation of support may be changed by the court upon application of either party depending on a proved change of circumstance of the parents or child. Child support should not be confused with alimony (spousal support) which is for the ex-spouse's support. Child support is not deductible from gross income for tax purposes (but may allow a dependent exemption) nor is it taxed as income, unlike alimony, which is deductible by the payer and taxed as the adult recipient's income.

If you paying child support or if you have custody of a child and the child's biological parent is not currently paying child support, contact Sauvola and Associates, P.A. to help you evaluate what's right in your situation.

Visitation Rights

Under Florida law, visitation rights may not be denied to the non-custodial parent, even if the non-custodial parent is not paying child support. If you are currently being denied visitation with your child(ren), Sauvola & Associates, P.A., can seek a court order defining your visitation rights.

If you currently have a visitation order that is not being adhered to by the custodial parent, Sauvola & Associates, P.A. can assist you in seeking violation of this court order which may result in the custodial parent being held in contempt of court.

Enforcement and Post-Judgment Modification

Sauvola & Associates, P.A., handles any and all enforcement and post-judgment modifications, including but not limited to those related to Alimony, child-support, and equitable distribution of assets.

Grandparent Visitation Rights

Generally, under Florida law, the natural (biological) parents will have a presumptive (first) right to custody. However, the standard of consideration for the Family Law Judge in Florida, is "Best Interest of the Child." Only in cases where the parents are found to be unfit, or there are exceptional circumstances, will third parties be granted custody. At any time after a divorce, grandparents may petition the court for visitation rights.

Paternity Actions

Unlike mothers, men often find themselves in situations where they are unsure whether they are the father of a child. Reactions to being identified as a father—or being denied as one—are different for everyone.

Some men wish to assert their parental rights if they did, indeed, father a child. Others need help disputing their alleged identification as fathers of children for which they are not responsible for. Contact Sauvola & Associates, P.A., for thoughtful, informative legal advice and representation, no matter which perspective you bring to a paternity action.

For men who wish to assert their paternal rights in the belief that they have fathered a child in Florida, Sauvola & Associates, P.A., and Attorney Nicole Sauvola can help. We represent men in all types of paternity actions, whether you are sure you are the father, or not. We can help you obtain paternity testing, and we can advocate your case in court. Once your paternity is established, we can help you obtain appropriate child support, custody, and visitation arrangements.

Sadly for everyone involved, some mothers have put their babies up for adoption without notifying a man they knew, or should have known, was the baby’s father. Because the father was never told about his child, he could not be said to have consented to giving the child up for adoption - or voluntarily terminating his own parental rights.

As you may know, adoptions have been disrupted—even years later—when the true father of a child was found not to have consented to the adoption. Establishing your paternity rights before a child is even born can help prevent heartbreak—yours, and a potential adoptive family’s.

To help preserve your rights, you can contact the Florida Putative Father Registry. The registry allows you to allege the possibility that you are the father of any child resulting from a previous sexual relationship. By registering, you will retain the right to be notified and involved in case a child of yours is born.

For experienced advice on this topic and other matters related to paternity determination, fathers’ rights and responsibilities, and questions about sperm donors’ rights, Florida men are invited to contact Sauvola & Associates, P.A., to schedule an informative consultation by phone or in person.

If you have been served with a Petition to Determine Paternity, you are in a position where a woman is claiming that you are the father of her child and you may end up owing support for the child. If you need assistance disputing a claim of paternity, Ms. Sauvola can help. She understands a man’s sensitivities and interests in paternity conflicts. She can be counted on to aggressively advocate for men’s interests in all actions related to such petitions.

The following questions and answers provide you with specific information and procedures for you to follow if your child is arrested.

Adoptions

The best place to start is a personal consultation with Nicole Sauvola. Because each client has individual needs, concerns, and special circumstances, a personal consultation is the most effective way to move toward achieving your goal of creating or adding to your family.

Depending on your location or availability, however, a telephone consultation is also available. Once you have had your consultation we feel confident you will want to retain our law office to assist you in this most important matter.

In order to begin this process, you may choose to fill out and submit an Adoption Application. Please include your name, address, and telephone number and request the application via e-mail at nicole@sauvolaw.com.

MORE INFORMATION ON FLORIDA ADOPTIONS

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