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Divorce can be emotionally taxing and financially draining. The cost of a divorce in Florida varies widely depending on several factors, including the complexity of the case, whether it is contested or uncontested, and the involvement of children or significant marital assets. You need an experienced divorce lawyer on your side who has the skills and resources to achieve the desired objectives while remaining prudent with the costs. Average Divorce Costs in Florida According to a report published in USA Today in 2020: The average cost of divorce without children in Florida is $13,500, making it the 15th highest in the U.S. The average cost of divorce with children rises to $20,300, placing it 16th highest nationally. Divorce filing fees range from $350 to $410, depending on the county. While these averages provide a helpful starting point, the actual costs of a divorce in Florida can range from as low as $500 to well over $100,000, depending on the specifics of the case. Uncontested vs. Contested Divorce in Florida Uncontested Divorce A simplified dissolution of marriage is the least expensive and quickest type of divorce in Florida. It requires that both parties: Agree on all aspects of the divorce, including asset division and child-related matters (if applicable). Prepare and file the paperwork themselves. The total cost for a simplified divorce typically amounts to $408, which includes the clerk’s filing fee. Additional fees may include: Summons issuance: $10. Sheriff service fee: $40 (if one spouse needs to be served with divorce papers). Property transfer fees: If the marital home or other property is transferred, deed recording fees will apply. Contested Divorce A contested divorce is significantly more complex and costly. Disagreements may arise over issues such as: Child custody and parenting plans. Alimony requests. Division of significant marital assets. Disputes over poorly drafted prenuptial agreements. Relocation of children. Contested divorces typically cost between $5,000 and $20,000, with fees increasing as disputes require additional attorney hours, mediation, expert witnesses, and court appearances. Depending on the duration and complexity of the litigation, costs can easily exceed $50,000 if a case goes to trial. Factors Influencing Divorce Costs in Florida Legal Fees Hourly Rates: Orlando, FL divorce attorneys generally charge $225 to $310 per hour, though rates may be higher in specific urban locations. Retainers: Attorneys often require an upfront retainer of $2,000 to $5,000, which is drawn upon as they work on the case. The overall cost depends heavily on the time spent resolving disputes, negotiating settlements, and preparing for trial. Court Filing Fees The filing fee for a divorce in Florida is approximately $400. Some counties may charge an additional $10 to $15 for self-represented individuals. If a spouse cannot afford these fees, they may apply for civil indigent status, which can waive the filing fee. Mediation Costs Mediation is a cost-effective alternative to going to trial, helping couples negotiate a settlement without judicial intervention. Mediators typically charge $200 to $500 per session, which can save both parties significant legal expenses if agreements are reached quickly. Child Custody and Support Divorces involving children are inherently more expensive. Costs can escalate due to: Parenting plan disputes. Child support calculations: Based on Florida Statutes Ch. 61 Sec. 30, support is determined by the parent’s monthly net income and the number of children. Courts may adjust support amounts by up to 5% based on factors such as the child’s needs and the parent’s financial conditions. Property Division and Alimony Florida follows equitable distribution laws, which aim to divide marital assets fairly. However, disputes over property values and asset division can increase costs: Appraisal fees: For valuing homes, businesses, or other assets. Forensic accountants: To uncover hidden income or assets. Expert witnesses: To testify about the valuation of complex assets. Alimony is determined based on factors like the duration of the marriage, the spouses’ earning capacities, and their standard of living during the marriage, as outlined in Florida Statutes Ch. 61 Sec. 8. Disputes over alimony terms often lead to prolonged legal battles and increased costs. Expert Fees Divorce cases may require hiring professionals beyond attorneys, including: Financial experts: To assess shared debts and income discrepancies. Mental health professionals: For custody evaluations. Real estate appraisers: To determine the fair market value of property. If a Florida Divorce Case Goes to Trial, the Estimated Costs May Be Higher If traditional divorce litigation is involved, the costs can become highly unpredictable and escalate rapidly. A variety of factors influence the overall cost of a divorce trial, making it nearly impossible to predict expenses accurately. Key contributors include: Stubborn or Uncooperative BehaviorWhen one or both parties take a hardline stance on issues such as asset division or timesharing, it can lead to unnecessary hearings and prolonged court proceedings. This behavior increases the litigation costs and delays resolution. Extensive DiscoveryDiscovery is the process of exchanging financial documents, communications, and other relevant evidence. If one party requests extensive discovery or fails to cooperate, it can lead to additional motions to compel, forensic accounting costs, and prolonged litigation. Complex Assets and DebtsCases involving businesses, investments, or high-value assets require detailed financial evaluations, often necessitating expert witnesses like forensic accountants or business valuation professionals. These experts can charge thousands of dollars for their services, significantly adding to the total cost. Contentious Timesharing IssuesCo-parenting disputes are among the most emotionally charged aspects of divorce. If one party adopts an aggressive position regarding custody and timesharing, it may lead to psychological evaluations, guardian ad litem appointments, or other costly interventions aimed at protecting the best interests of the child. Number of Witnesses and Expert TestimonyTrials often involve testimony from witnesses, such as financial experts, appraisers, or mental health professionals. Each witness adds to the cost, not only in fees but also in preparation time for the attorneys. Length of the TrialA divorce trial in Florida can span several days or even weeks. Each day in Florida courts requires the presence of attorneys, experts, and sometimes even court reporters, all of whom charge for their time. When all these factors combine, Florida divorce costs may sometimes surpass $50,000. This figure includes the cost of a divorce lawyer, expert witness fees, court filing fees, and other miscellaneous expenses. If post-trial motions or appeals are filed, the financial burden may increase due to the prolonged divorce process. Why Settling Out of Court is Usually Preferred Given the high cost and prolonged nature of divorce trials, many family law attorneys advocate for settlement negotiations as a way to resolve disputes more efficiently. While settlement discussions still require legal representation, they are typically faster and less expensive than a full trial. Parties retain more control over the outcome and can avoid the uncertainty and financial risks associated with leaving decisions to a judge. Estimated Costs in a Florida High Net Worth Divorce High net-worth divorces in Florida are inherently more complex and costly due to the significant financial stakes and intricate marital property portfolios involved.  Business Assets Division Cost of Business Valuation Experts:A professional business valuation can cost between $10,000 and $50,000, depending on the size and complexity of the business. Disputes Over Valuation:If one party disputes the valuation, additional experts may be hired, increasing costs further in addition to attorney fees. Real Estate Assets Division Cost of Real Estate Appraisals:Real estate appraisers typically charge $500 to $5,000 per property, with costs rising for unique or high-value properties. International Real Estate:If overseas properties are involved, the costs increase significantly due to the need for international valuation experts and currency exchange rate analyses. Hidden Overseas Assets Forensic Accounting for Offshore Accounts:Tracking down hidden offshore assets can cost between $10,000 and $50,000, depending on the level of concealment and the jurisdictions involved. Compliance with International Laws:Legal and accounting fees can increase significantly if compliance with foreign laws, such as those related to disclosure or taxation, is required. Complex Financial Accounting Cost of Financial Experts:Forensic accountants charge $200 to $600 per hour, with total costs ranging from $10,000 to $100,000, depending on the complexity of the financial landscape. Cryptocurrency and Digital Assets:With the rise of digital currencies like Bitcoin, forensic accountants may need to investigate blockchain transactions to uncover hidden assets, adding substantial costs. High Amounts of Child Support and Alimony Expert Witness Costs:Economists and lifestyle analysts can charge $5,000 to $20,000 for their services, depending on the complexity of their analysis, where issues such as alimony or support for minor children are involved. Long-Term Financial Planning:Attorneys may consult financial planners to ensure that spousal support or child support agreements align with the client’s long-term financial goals, which have additional costs. Why It’s Worth Choosing Our Seasoned Divorce Lawyers in Florida At Veliz Katz Law, we bring the legal skills, strategic planning, and commitment needed to achieve a favorable outcome for your case. Here’s why our team is the right choice for this critical chapter of your life. Experience That Delivers Results Divorce law is intricate, and mistakes can have lasting consequences. Compared to errors that can be fixed, a poor choice in legal representation during a divorce usually leaves no room for corrections. Final judgments in Florida are precisely that—final—and can only be appealed or modified in exceptional circumstances. Proven Skill in Complex Cases:At Veliz Katz Law, we have years of experience handling all types of divorce cases, including those involving high-net-worth individuals, complex custody arrangements, and contested property divisions. We anticipate challenges and prepare accordingly to avoid pitfalls that could haunt you for years to come. Avoiding Irreversible Mistakes:A poorly handled divorce can lead to unfair alimony arrangements, loss of property rights, or unfavorable custody decisions. We focus on protecting your rights from the outset to prevent costly and often irreversible outcomes. Protecting What Matters Most to You The stakes in a divorce are high, especially when children, family businesses, or valuable assets are involved. Our attorneys are dedicated to protecting what matters most to you. Strong Advocacy for Custody and Support:We understand that custody and child support arrangements are emotionally charged. We fight for solutions that prioritize the well-being of your children and ensure you remain an active part of their lives. Comprehensive Asset Protection:From marital homes to investments, retirement accounts, and business interests, we ensure that unfair settlements or overlooked assets do not jeopardize your financial future. Avoiding the “Low-Ball” Trap Choosing a low-cost attorney may seem like a way to save money, but the long-term consequences of inadequate representation can far outweigh the upfront savings. Why Low-Cost Options Can Be Risky:Inexperienced attorneys may lack the knowledge to navigate Florida’s complex divorce laws or the skills to negotiate with confidence. The result? Poor settlements, missed opportunities, and even financial losses that could have been avoided. Final Judgments Are Final:Once a divorce judgment is entered, undoing the damage caused by poor legal representation is incredibly challenging and often impossible. Veliz Katz Law ensures your case is handled with the care and skill required to get it right the first time. Compassionate, Client-Focused Representation Divorce is one of life’s most difficult experiences, and we are committed to guiding you through it with compassion and professionalism. Personalized Attention:At Veliz Katz Law, you’re more than just a case number. We take the time to listen to your concerns, answer your questions, and provide the support you need during this challenging time. Peace of Mind:Knowing that your case is in the hands of seasoned professionals allows you to focus on rebuilding your life rather than worrying about the outcome of your divorce. Get Our Trusted Florida Divorce Lawyers on Your Side At Veliz Katz Law, we understand the weight of the decisions made during a divorce and the lasting impact they can have on your life. Choosing experienced and dedicated attorneys is not just a wise decision—it is critical to ensuring the best possible outcome. Don’t leave your future to chance by settling for less. Reach out to our Florida divorce attorneys today and take the first step toward protecting your interests. To schedule your free consultation, call us at 407-410-4146 or contact us online.

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In Florida, divorce laws are designed to ensure a fair and equitable distribution of marital assets, liabilities, and responsibilities. While Florida does not automatically provide special entitlements to either spouse based on gender, the law considers several factors when determining the division of assets, alimony, child custody, and other vital issues. Get legal representation from a seasoned Florida divorce attorney to protect your rights and interests in a divorce. Florida's No-Fault Divorce Law Florida operates under a no-fault divorce system, which means that a spouse seeking a divorce does not need to prove wrongdoing, such as infidelity or abuse. Instead, the petitioner must simply demonstrate that the marriage is "irretrievably broken." This no-fault system applies equally to both spouses and establishes a neutral foundation for resolving financial and parental disputes. Equitable Distribution of Marital Assets and Liabilities Florida follows the principle of equitable distribution, which means marital assets and debts are divided relatively—but not necessarily equally—between the spouses. Here’s what that entails: Marital vs. Non-Marital Property Marital Property: Assets and debts acquired during the marriage are generally considered marital property, regardless of whose name is on the title or account. Examples include real estate, joint bank accounts, retirement accounts accrued during the marriage, and debts like mortgages or credit card balances. Non-Marital Property: Assets acquired before the marriage, inheritances, or gifts to one spouse may remain non-marital property unless they were co-mingled or used for marital purposes (e.g., adding a spouse’s name to a deed or bank account). Factors Affecting Equitable Distribution The court considers multiple factors when dividing marital property, including: The duration of the marriage. Each spouse’s contributions to the marriage, including homemaking and raising children. The economic circumstances of each spouse. The contribution of one spouse to the education or career advancement of the other. Any intentional dissipation or depletion of marital assets by either party. Alimony (Spousal Support) Florida law allows for various types of alimony to support a lower-earning or non-earning spouse after divorce. Alimony is not guaranteed but can be awarded based on specific circumstances. Types of Alimony Temporary Alimony: Support provided during the divorce proceedings. Bridge-the-Gap Alimony: Short-term assistance to help a spouse transition to post-divorce life (e.g., paying for moving expenses or job training). Rehabilitative Alimony: Support to help a spouse gain education or skills needed to become self-supporting. Durational Alimony: Support provided for a set period, typically not exceeding the length of the marriage. Note: As of July 1, 2023, Florida has eliminated “permanent alimony,” a type of spousal support that previously allowed a spouse in marriages lasting 17 years or more to receive indefinite financial support. Factors Considered for Alimony The court examines: The length of the marriage (short-term, moderate-term, or long-term). The standard of living is established during the marriage. Each spouse’s age, physical and emotional health, and financial resources. Contributions to the marriage, including as a homemaker or caregiver. The earning capacity, education, and employability of both spouses. If the wife is a lower-income earner or a stay-at-home parent, she may be entitled to alimony as a Florida resident to ensure financial stability. Child Custody and Support Parental Responsibility and Timesharing Florida courts prioritize the best interests of the child when determining parental responsibility and timesharing. Both parents are generally encouraged to share custody unless one parent is deemed unfit due to abuse, neglect, or other harmful behavior. For a wife, this means: Equal opportunity to share custody unless extenuating circumstances apply. A parenting plan that outlines timesharing schedules, decision-making authority, and responsibilities. Child Support The court uses a standard formula to calculate child support based on: Each parent’s income. The number of children involved. The timesharing arrangement. Additional expenses, such as health insurance, education, and daycare. Even if the wife earns less than her ex-spouse, she may be entitled to receive child support to ensure the children’s needs are met. (Note: Florida divorce cases are handled in the state’s family courts and not in a tribunal.) Legal Implications of Misconduct or Fault Although Florida is a no-fault divorce state, certain behaviors can still influence the court’s decisions: Adultery: While not grounds for divorce, adultery may impact the distribution of assets or alimony if it leads to the misuse of marital funds. Domestic Violence: A history of abuse may result in the judge granting sole custody to the non-offending spouse and awarding additional financial support. FAQs on a Wife’s Entitlements in a Divorce in Florida Can a wife claim an interest in a business that the husband started before the marriage? Yes, but only under specific circumstances. If the business grew in value during the marriage due to the efforts of either spouse or the use of marital funds, the wife may claim a share of the increased value. This is considered a marital asset subject to equitable distribution, even if the business itself was started before the marriage. Is a wife entitled to compensation for managing household duties during the marriage? While Florida law does not provide direct compensation for household duties, the court may consider the wife's contributions as a homemaker when determining equitable distribution of assets, alimony awards, and timesharing arrangements. These contributions are seen as valuable non-monetary efforts that supported the marriage and may factor into financial decisions. Can a wife keep her inheritance in a divorce? A wife’s inheritance is generally considered non-marital property and is not subject to equitable distribution, provided it is kept separate from marital assets. However, suppose the inheritance was co-mingled with marital funds (e.g., deposited into a joint account or used for marital expenses). In that case, it may be classified as marital property and divided during the dissolution of marriage. Does a wife have a claim to the husband's retirement accounts? Yes, but only to the portion of retirement accounts accrued during the marriage. Florida law considers retirement benefits earned during the marriage as marital property. However, any retirement funds earned before the marriage or after separation are typically regarded as non-marital property and are excluded from division.  Can a wife seek reimbursement for money spent supporting the husband’s education or career development? Yes, Florida courts may award reimbursement in cases where one spouse financially supported the other’s education, training, or career advancement during the marriage. This can include tuition payments, living expenses, or other financial contributions that increase the husband's earning potential. The wife may be entitled to a greater share of marital assets or alimony as compensation. Is a wife entitled to the marital home even if her name is not on the deed? Possibly, yes. If the marital home was purchased or significantly maintained with marital funds, it is generally considered marital property, even if only one spouse's name is on the deed. The wife may be awarded the marital home temporarily (e.g., for timesharing purposes with children) or receive her share of its value during equitable distribution. Your lawyer can provide a precise answer based on the facts of your case. Can a wife keep gifts given to her by the husband during the marriage? Typically, gifts exchanged between spouses during the marriage are considered marital property, especially if they were purchased with marital funds. However, personal gifts that were explicitly intended (with clear instructions) to be separate property may be retained by the wife, depending on the circumstances.  Can a wife receive compensation for health insurance coverage after the divorce? Florida courts do not require one spouse to continue providing health insurance for the other after divorce. However, the wife may request additional alimony to cover the cost of obtaining her health insurance, primarily if she relied on the husband’s coverage during the marriage. The legal position may vary depending on the situation. Does a wife have a right to her husband’s professional licenses or degrees earned during the marriage? Florida courts do not treat professional licenses or degrees as marital property. However, as a wife, you may receive alimony or a larger share of marital assets if you have supported the husband financially or otherwise during his pursuit of education or professional licensing. What happens if the husband attempts to transfer or sell marital assets before the divorce is finalized? Florida law imposes an automatic injunction when a divorce is filed, preventing either spouse from selling, transferring, or depleting marital assets without court approval. If the husband violates this rule, the wife can request legal remedies through her lawyer, including compensation or sanctions against the husband. Legal Help is Here from Our Top-Rated Florida Divorce Lawyers For over three decades, Veliz Katz Law has been a trusted legal advocate for individuals and families throughout Central Florida. With over 60 years of combined legal experience, Orlando, FL family law attorneys David Veliz and Kavita Sookrajh provide compassionate, personalized representation to meet your unique case needs. With a proven track record and the highest reputation since 1994, we are committed to achieving the best possible outcomes for our clients. To schedule your free consultation, call us at 407-603-3982 or contact us online.

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When it comes to parenting after a divorce or separation, the state of Florida prioritizes the well-being of children by fostering arrangements that encourage both parents to remain actively involved in their lives. However, Florida has moved away from the term "custody" and now uses terms like "timesharing" and "shared parental responsibility." These modernized legal concepts reflect Florida’s commitment to cooperative parenting. Considering the high emotional stakes involved in timesharing cases, you should get legal representation from a dedicated Orlando, FL child custody lawyer. Florida’s Shift from Custody to Timesharing In 2008, Florida overhauled its family law terminology, removing the word "custody" to encourage less combative litigation between parents. Today, the legal framework revolves around: Timesharing: Refers to the schedule detailing when a child spends time with each parent. This includes day-to-day arrangements, holidays, school breaks, and special occasions. Shared Parental Responsibility: Refers to the legal right and obligation of both parents to make significant decisions for the child, including those related to education, healthcare, and religion. How Timesharing and Shared Parental Responsibility Work Timesharing Agreements Florida law mandates that divorcing or separated parents establish a Parenting Plan, a comprehensive document that outlines how they will share responsibilities for raising their child. A key component of the Parenting Plan is the timesharing schedule, which specifies when the child will spend time with each parent. The overarching goal of these agreements is to minimize disruption to the child’s routine while maximizing their ability to maintain meaningful relationships with both parents, provided it aligns with the child’s best interests. Common Timesharing Arrangements Timesharing schedules vary widely to accommodate the unique needs of each family. Here are some standard arrangements: Weekly Arrangement In this schedule, the child alternates between parents weekly, typically transitioning every Sunday or Monday. Pros: Simple to follow and easy to plan. Fewer transitions can reduce stress for the child. Cons: Younger children may struggle with spending an entire week away from one parent. One parent may miss essential milestones or events during their "off week." Two-Week Schedule In this arrangement, the child spends two consecutive weeks with one parent before switching to the other. Pros: Allows each parent to have uninterrupted, extended time with the child. It works well for families with older children who can handle longer periods away from each parent. Cons: It can be challenging for younger children or for parents who prefer more frequent interaction. Scheduling extracurricular activities or school-related events may become more complex. 4-3-3-4 Schedule This arrangement is designed for parents who want a near-equal split of time while allowing for slightly longer stretches with each parent. The child spends four days with Parent A, three days with Parent B, then reverses the pattern the following week (three days with Parent A, four days with Parent B). Pros: Maintains balance while avoiding long separations from either parent. It works well for school-aged children as it allows for a predictable routine. Cons: Frequent transitions may be challenging for some children, especially younger ones. Close communication between parents is required to coordinate the schedule. 2-3-2 Schedule This schedule is popular for families seeking frequent interaction with both parents. The child spends two days with Parent A, three days with Parent B, and two days back with Parent A, alternating the pattern the following week. Pros: Ensures the child doesn’t go long without seeing either parent. Works well for young children who benefit from frequent contact with both parents. Cons: The higher frequency of transitions may be disruptive for some children. Coordination and communication between parents are essential. 2-2-5-5 Schedule In this arrangement, the child spends two days with Parent A, two days with Parent B, and then five days with each parent, alternating weekly. Pros: Balances frequent interaction with more extended, more stable periods. Allows both parents to have a weekend with the child every other week. Cons: It may be more complex to track and implement compared to more straightforward schedules. Transitions still occur regularly, which can be challenging for some children. Customizing the Timesharing Schedule The best timesharing arrangement depends on each family's specific circumstances, including the child’s age, school schedule, and the distance between the parents’ residences. Parents who can collaborate and create a mutually agreeable plan often find that their child adjusts more quickly to the new routine. However, if parents cannot agree, the court will intervene and establish a parenting plan that it believes serves the child’s best interests. Ultimately, a well-thought-out time-sharing schedule can provide stability and consistency, ensuring the child has a strong bond with both parents while meeting their emotional and developmental needs. Shared Parental Responsibility Florida courts typically favor shared parental responsibility because it encourages both parents to participate in significant decisions affecting the child’s welfare. In rare cases, the court may award sole parental responsibility to one parent if shared responsibility would endanger the child’s safety or emotional health. This may also impact a co-parent's monthly child support obligation (child support guidelines schedule). Court Decisions on Parenting Plans: The Rebuttable Presumption of Equal Timesharing When parents cannot reach an agreement on their own, the court steps in to determine the terms of the parenting plan. In these circumstances, a skilled Orlando, FL divorce lawyer can help protect your rights and your child’s best interests. From July 1, 2023, Florida law has established a rebuttable presumption that equal time-sharing between parents is in the best interest of the child. This presumption reflects the state’s commitment to fostering strong relationships between children and both parents. However, a parent can challenge this presumption by presenting evidence that equal timesharing would not serve the child’s best interests. The burden of proof lies with the parent opposing equal timesharing, who must demonstrate factors such as: A history of domestic violence or abuse. Parental neglect or unfitness. Circumstances that would jeopardize the child’s emotional or physical well-being. Ultimately, the court evaluates all relevant evidence to ensure the parenting plan provides the child with a stable, nurturing environment. Factors Courts Consider When Determining Timesharing When parents cannot agree on timesharing schedules or shared parental responsibility, the court steps in to decide. Florida law mandates that judges evaluate the "best interests of the child" by considering several factors under Florida Statute §61.13, including: The child’s relationship with each parent The court examines the extent of each parent’s involvement in the child’s life, including past participation in caregiving and decision-making. The child’s needs Emotional, educational, developmental, and physical needs are carefully assessed. Parental cooperation Courts look for a willingness and ability to encourage a continuing relationship between the child and the other parent. Moral fitness and behavior The court considers each parent's behavior, including substance abuse, criminal activity, or any other factor that could affect the child’s safety or development. Parent’s mental and physical health A parent’s capacity to care for the child, based on mental and physical fitness, is critical. Stability of home environment Courts favor arrangements that provide continuity in the child’s schooling, community, and family life. Child’s preference If the child is of sufficient maturity, their preferences may be taken into account. Evidence of abuse or neglect Any history of domestic violence, child abuse, or neglect weighs heavily against a parent. Modifying Timesharing Agreements Life circumstances can change, necessitating a modification of timesharing, parental responsibility agreements, or the child’s primary residence. In Florida, improvements can be made if: There is a substantial, material, and unanticipated change in circumstances. The change is in the best interests of the child. Common reasons for modifications include relocation, changes in a parent’s work schedule, or concerns about the child’s safety. Parental Rights in Florida Rights of Both Parents Both parents have the right to participate in their child’s upbringing unless the court determines otherwise. Neither parent is given preference based on gender. Florida law ensures an equitable approach to timesharing and parental responsibility. Rights to Access Information Under Florida Statute §61.13(2)(b), both parents have the right to access the child’s medical, educational, and extracurricular records. Relocation Restrictions If a parent wishes to relocate more than 50 miles away for more than 60 days, they must seek approval from the other parent or the court. Enforcement of Parenting Plans in Florida Failure to comply with a court-ordered parenting plan can result in legal penalties, including: Fines Makeup timesharing for the other parent Modification of the parenting plan The Child’s Preference In Florida, a child’s preference can be considered when deciding the terms of a parenting plan, but it is not the only factor the court evaluates. Judges weigh many aspects to determine what is in the child’s best interest. Children typically do not attend custody hearings unless the court approves it beforehand.  If you want your child to share their thoughts with the court, you will need to formally request this by scheduling a hearing. If a minor child is permitted to testify, it usually happens in what is called an in-camera examination. This is a private meeting in the judge’s office without the parents, attorneys, or public present.  Where to File Your Custody Case in Florida? Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to decide where a custody case should be filed. This law prevents parents from moving to another state to avoid Florida’s custody rules and ensures that Florida retains control of the case until it officially transfers jurisdiction. Under the UCCJEA, the child’s home state has jurisdiction over the case. The home state is typically where the child has lived for at least six months before the case is filed. If no state meets this six-month requirement, the court determines which state has the closest connection to the child and assigns jurisdiction there. Once a case is filed in the home state, no other state can override or modify Florida’s orders unless Florida releases its jurisdiction. Even if the child moves to another state and lives there for more than six months, Florida will keep jurisdiction as long as one parent continues to live in the state. This is called continuing exclusive jurisdiction. Florida retains authority over custody matters until it officially relinquishes control. The Role of the Guardian Ad Litem A guardian ad litem is a person appointed by the court, either automatically or by request, to represent the child’s best interests in a custody case. Unlike attorneys for the parents, a guardian ad litem focuses solely on what is best for the child, not on advocating for either parent’s position. The guardian ad litem investigates the situation, including interviewing parents, the child, and others involved, and reviews relevant records. They then provide a report to the court with recommendations to ensure that the custody arrangement is in the child’s best interest.  Get Personalized Representation from Our Experienced Florida Child Custody Attorneys At Veliz Katz Law, we bring decades of experience, a proven track record, and a client-focused approach to help families overcome the challenges of child custody disputes. Here’s what sets us apart: Over 60 Years of Combined Experience: Our attorneys, David Veliz, and Norberto Katz, have dedicated their careers to family law, offering deep legal knowledge and strategic insights. We have been proudly serving families in Central Florida and surrounding areas since 1994. Compassionate Legal Support: Child custody matters can be emotionally taxing. We understand the personal stakes involved and provide empathetic, clear, and supportive guidance every step of the way so you can focus on your family. Personalized Strategies for Unique Cases: No two families are alike, and neither are their legal needs. We take the time to understand your specific circumstances and develop a customized plan to pursue your desired outcome. Open and Clear Communication: Whether it is a custody case or a case where you have to receive or pay child support, we keep you informed at every step, ensuring you understand the process and feel confident in your decisions. When your child’s future is on the line, trust Veliz Katz Law to provide the skilled and personalized representation you need. To schedule your free consultation, call us at 407-410-4146 or contact us online. 

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When it comes to estate planning in Florida, individuals often wonder whether they should create a trust, a will, or both. While both are essential tools to ensure your assets are distributed according to your wishes, trusts and wills serve different purposes and function in distinct ways.  An experienced Florida trust and will lawyer can explain the difference between trust and will and help you make informed decisions about how to plan your estate effectively. Definition and Purpose What Is a Will? A will, also known as a "last will and testament," is a legal document that specifies how your assets will be distributed after your death. It also allows you to name an executor who will oversee the administration of your estate and carry out your wishes. In addition, a will lets you designate guardians for minor children. What Is a Trust? A trust is a legal arrangement in which you, as the grantor, transfer ownership of your assets to a trustee, who manages them for your chosen beneficiaries. Trusts can be established during your lifetime (living trusts) or upon your death (testamentary trusts). They offer more control over how and when your assets are distributed. Key Differences Between a Trust and a Will Probate Process Will: A will must go through probate, a court-supervised process in which a judge validates the will, pays off debts and taxes, and oversees the distribution of assets. Probate in Florida can be time-consuming and expensive, especially for large estates. Trust: Assets in a trust avoid probate, allowing for quicker and more private distribution to beneficiaries. This can save time, reduce costs, and keep your financial matters out of the public record. Privacy Will: Once a will is submitted for probate, it becomes a public document. Anyone can view its contents, including the distribution of assets and the identities of beneficiaries. Trust: A revocable or irrevocable trust remains private. Only the trustee and beneficiaries are aware of its terms and contents, ensuring confidentiality. Timing of Asset Distribution Will: Assets specified in a will are distributed only after probate is completed, which can take months or even years in Florida. Trust: Assets held in a trust can be distributed immediately upon the grantor’s death or according to a schedule outlined in the trust agreement. Control During Lifetime Will: A will takes effect only after your death. It does not provide any control or management of your assets while you’re alive. Trust: A living trust (revocable living trust) allows you to manage and control your assets during your lifetime. You can also make changes to the trust or revoke it entirely if your circumstances change. Costs to Establish and Maintain Will: Creating a will is typically less expensive and simpler than establishing a trust. However, the probate process can lead to significant costs for your heirs. Trust: Setting up a trust may involve higher upfront costs and complexity, as it requires transferring assets into the trust’s name. However, it can save your beneficiaries money in the long run by avoiding probate. Guardianship for Minor Children Will: A will allows you to name a guardian for minor children, ensuring their care is handled according to your wishes. Trust: A trust does not address guardianship for minor children. This must be outlined in a will. Asset Management in Incapacity Will: A will does not provide any protection or management of your assets if you become incapacitated. Trust: A living trust can include provisions for managing your assets if you become incapacitated, with a successor trustee stepping in. Advantages and Limitations Advantages of a Will Simpler and less expensive to create Allows you to name guardians for minor children Can include instructions for assets not transferred to a trust Limitations of a Will Requires probate, which can be costly and time-consuming Becomes a public document during probate Does not provide for asset management during your lifetime or in case of incapacity Advantages of a Trust Avoids probate, saving time and money Provides privacy for your estate Offers control over how and when assets are distributed Can reduce estate taxes Limitations of a Trust Higher upfront costs to establish Requires effort to transfer assets into the trust Does not allow you to name guardians for minor children When Should You Use a Trust or a Will? Deciding whether to use a trust, a will, or both depends on your unique estate planning situation, your financial goals, and your priorities for distributing assets to family members. A comprehensive estate plan can also include specific instructions for funeral arrangements.  A Will May Be Best If: You Have a Relatively Simple Estate: If your assets are straightforward—such as a single home, a vehicle, and a bank account—a will is often sufficient to direct their distribution. You Want to Name a Guardian for Minor Children: A will is essential if you need to designate a legal guardian to care for your children in the event of your passing. This is a critical provision that a trust alone cannot provide. You’re Not Concerned About Probate or Privacy: If you’re not bothered by the probate process, or if the public nature of probate court records does not concern you, a will may meet your needs without additional complexities. A Trust May Be Best If: You Have a Larger or More Complex Estate: For individuals with significant assets, such as business interests, multiple real estate holdings, or overseas assets, a trust provides more advanced options for managing and distributing wealth. You Want to Avoid Probate: Assets held in a trust bypass the probate process, allowing heirs to receive their inheritance more quickly and with fewer legal fees. This is particularly important if you own property in multiple states, as it avoids the need for probate proceedings in each jurisdiction. You Value Privacy and Quicker Distribution of Assets: Trusts are not subject to public probate proceedings, ensuring that your family’s financial matters remain private. Moreover, the trust administration process is typically faster than probate. You Want to Provide for Minor Children or Beneficiaries Over Time: Trusts allow you to set conditions for distributing funds, such as providing a steady income stream over time or delaying large payments until beneficiaries reach a certain age. You’re Concerned About Incapacity and Want a Plan for Asset Management: Unlike a will, a trust allows you to plan for the management of your assets if you become incapacitated. A trustee can step in and manage the trust property on your behalf. Using Both a Will and a Trust For many Floridians, the most complete estate plan incorporates both a trust and a will. This dual approach ensures that all aspects of the estate are properly managed and distributed. A pour-over will is a type of will often used alongside a trust. Its primary purpose is to transfer any assets that were not placed into the trust during the person’s lifetime into the trust at the time of death. This ensures that no assets are unintentionally left out of the trust, providing a safety net for the estate. Combining a trust and a will provides flexibility, efficiency, and peace of mind, ensuring that your wishes are honored while minimizing legal complications for your loved ones. Legal Considerations in Florida Homestead Property Under Florida state law, special rules apply to homestead property, which may impact whether a will or trust is better suited for your estate. Homestead laws protect a primary residence from creditors and limit how it can be transferred upon death. Consulting an attorney is essential to navigate these laws. Tax Implications Florida does not have a state inheritance or estate tax, but federal estate taxes may apply to larger estates. Trusts can be structured to minimize tax liabilities or avoid estate taxes, making them a valuable tool for high-net-worth individuals. Avoiding Legal Challenges Wills and trusts can both be contested under Florida law, typically on grounds such as undue influence, fraud, lack of capacity, or joint ownership of a person’s assets. Proper legal guidance is vital to ensure your documents are drafted and executed correctly. Get Legal Assistance from Our Florida Trust and Will Lawyers at Veliz Katz Law Both wills and trusts are important estate planning tools, but they serve different purposes and offer unique advantages. Clients in Central Florida choose our dedicated estate planning attorneys at Veliz Katz Law for these reasons and more: Decades of Experience: With over 60 years of combined experience, attorneys David Veliz and Norberto Katz bring unmatched knowledge to estate planning. Proven Record and Reputation: Proudly serving Central Florida families since 1994, we have built a legacy of trust and success in estate law. Comprehensive Legal Services: From crafting bespoke wills to creating complex trusts, we address all aspects of estate planning for our clients. Client-Centered Approach: We prioritize open communication, ensuring you are informed and satisfied throughout the process. Compassionate Representation: Our team is committed to helping families navigate estate planning with care, understanding, and personalized strategies. At Veliz Katz Law, we utilize our legal skills and experience to deliver thoughtful, effective solutions for all your estate planning needs. Let us guide you in safeguarding your legacy and protecting your loved ones’ futures. To schedule your free consultation, call us at 407-410-4146 or contact us online.

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A Guide to Navigating Your Divorce in Florida Divorce, known as the “dissolution of marriage” in Florida, can be a complex process. Understanding the steps can help reduce stress and ensure you’re prepared for what’s ahead. Florida is a no-fault state, meaning couples don’t need to prove wrongdoing; you only need to show that the marriage is “irretrievably broken.” Here’s an overview of the key steps in the Florida divorce process: 1. Residency Requirements To file for divorce, at least one spouse must have lived in Florida for at least six months before filing. 2. Filing for Divorce The spouse initiating the divorce (petitioner) files a Petition for Dissolution of Marriage. The other spouse (respondent) must be served with the petition and typically has 20 days to respond. 3. Temporary Orders If needed, either spouse can request temporary orders for things like child custody, spousal support, or use of the marital home during the divorce process. 4. Financial Disclosures Both spouses must provide full financial disclosure by completing a Family Law Financial Affidavit to ensure fair division of assets, debts, and decisions on alimony and child support. 5. Negotiation or Mediation Florida encourages couples to resolve disputes through mediation. A mediator helps couples negotiate terms such as asset division, child custody, and support without going to trial. Successful mediation results in a marital settlement agreement. 6. Uncontested vs. Contested Divorce Uncontested Divorce: Both spouses agree on all terms. The process is quicker and usually less costly. Contested Divorce: If spouses can’t agree, a judge will make decisions on unresolved issues after hearings or a trial, making the process longer and more expensive. 7. Finalizing the Divorce Once the terms are agreed upon or ruled on by a judge, the divorce is finalized with a Final Judgment of Dissolution of Marriage. 8. Post-Divorce Issues After the divorce, life changes may require modifications to child custody, child support, or alimony. Either party can request changes based on significant changes in circumstances. Conclusion: Navigating Divorce in Florida Divorce can be challenging, but having an experienced attorney to guide you through the legal process ensures your rights are protected. Whether your divorce is uncontested or contested, having professional legal support is key to navigating the process smoothly. If you’re considering divorce or have questions about the process, contact Veliz Katz Law for a consultation to see how we can assist you.

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Prenuptial Agreements: Building a Strong Foundation for Your Marriage Marriage is a beautiful and exciting milestone, but as you prepare for this important chapter of your life, it’s essential to consider not only the joy of the big day but also the practical aspects of your future together. While prenuptial agreements may not be the most romantic topic, they serve as a critical tool in protecting both parties and ensuring that the marriage begins on a foundation of trust, transparency, and mutual respect. At Veliz Katz Law in Maitland, Florida, we understand the delicate balance between romance and practicality. Our experienced attorneys are here to guide you through the prenuptial agreement process, helping you safeguard your interests and build a solid foundation for a successful marriage. What is a Prenuptial Agreement? A prenuptial agreement, often referred to as a "prenup," is a legally binding contract entered into by a couple before marriage. It outlines the division of assets, debts, and responsibilities in the event of a divorce or separation. While some view prenuptial agreements as a sign of distrust, they are actually a powerful tool for promoting financial clarity and protecting the interests of both partners. A well-drafted prenuptial agreement can cover a variety of topics, including: Division of property and assets Debt responsibilities Spousal support (alimony) arrangements Protection of family businesses or inheritances Management of finances during the marriage Why Are Prenuptial Agreements Important? Financial Transparency: Entering into a marriage with financial transparency helps build trust between partners. A prenuptial agreement encourages open and honest discussions about finances, assets, and liabilities. By addressing these issues upfront, couples can avoid misunderstandings and potential conflicts down the road. Protection of Assets: If one or both partners have significant assets or property, a prenuptial agreement can protect these assets in the event of divorce. This is particularly important for individuals who own family businesses, have substantial investments, or possess valuable inheritances. A prenup ensures that these assets are safeguarded and remain with their rightful owner. Managing Debts: In addition to protecting assets, a prenuptial agreement can outline how debts will be handled. If one partner has significant debt, the prenup can ensure that the other partner is not held responsible for repayment in the event of divorce or separation. Avoiding Lengthy Legal Disputes: In the unfortunate event of a divorce, a prenuptial agreement can simplify the process and reduce the need for costly and stressful legal battles. By having a clear agreement in place, both parties know what to expect, minimizing disputes over property division, alimony, and other financial matters. Protecting Business Interests: If you own a business, a prenuptial agreement is essential to protect it from being divided in the event of a divorce. Without a prenup, your spouse may be entitled to a portion of the business, potentially jeopardizing its future. A well-structured agreement can ensure that your business remains intact and operational, regardless of personal circumstances. Safeguarding Inheritances: If you expect to receive a substantial inheritance, a prenuptial agreement can ensure that these funds remain separate from marital property. This protection is especially important if you want to preserve the inheritance for future generations or other family members. How a Prenuptial Agreement Attorney in Maitland, FL, Can Help At Veliz Katz Law, we believe in empowering couples to make informed decisions that protect their future. Our experienced prenuptial agreement attorneys in Maitland, FL, are here to guide you through the process, ensuring that your agreement is tailored to your unique needs and circumstances. We take the time to understand your goals and concerns, working closely with you to draft an agreement that protects your interests while fostering open communication with your partner. Whether you’re bringing significant assets into the marriage or simply want to ensure financial clarity, our team is here to help you build a solid foundation for your future together. Begin Your Journey with Confidence Prenuptial agreements are not just about protecting assets—they are about building a marriage on trust, transparency, and mutual respect. By working with a skilled prenuptial agreement attorney, you can begin your journey with confidence, knowing that both you and your partner are prepared for the future, no matter what it holds. Contact Veliz Katz Law today to schedule a consultation with our prenuptial agreement attorney in Maitland, FL, and take the first step toward protecting your future and strengthening your marriage.

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Business Succession Planning: Ensuring a Smooth Transition Running a successful business requires not only careful day-to-day management but also a strategic long-term vision. One critical aspect that business owners often overlook is succession planning—ensuring that the company thrives after leadership changes. Whether you're preparing for retirement, unforeseen events, or transitioning ownership to the next generation, business succession planning ensures the legacy and stability of your organization. At Veliz Katz Law, our experienced business succession planning attorney in Maitland, FL, can help you mitigate risks and navigate the legal complexities of transferring ownership and leadership. What is Business Succession Planning? Business succession planning involves preparing for the future by creating a structured plan for transferring ownership and management responsibilities when the time comes. This might involve passing the business on to a family member, selling it to a key employee, or preparing it for acquisition by another company. The goal is to maintain continuity, preserve the value of the business, and minimize any potential disruptions during transitions. Why Is Succession Planning Important? Continuity and Stability: Having a clear plan ensures that your business remains stable during leadership transitions. Employees, clients, and other stakeholders feel confident knowing there is a clear path forward. Risk Management: Unforeseen events like illness, sudden death, or financial emergencies can derail a business. Succession planning mitigates these risks by outlining contingency strategies. Preservation of Business Value: Without a proper succession plan, businesses can lose value or even collapse. Careful planning ensures that your hard work over the years is preserved and that the business remains profitable during and after the transition. Legal and Financial Protections: Transferring ownership involves significant legal and tax implications. Working with an experienced attorney ensures all legal and regulatory requirements are met while minimizing financial impacts. Key Elements of Business Succession Planning Identifying Successors: Whether you plan to transfer leadership to a family member, a key employee, or an outside party, choosing the right person is crucial. Consider the leadership qualities, vision alignment, and commitment of potential successors. Structuring the Transition: The transition plan should outline how and when the leadership handoff will occur. This includes training successors, preparing them for their roles, and ensuring a smooth shift in responsibilities. Financial Planning: Succession often requires evaluating financial arrangements, including tax implications, valuation of the business, and securing financing options for buyers. It’s important to ensure that the business continues to operate without financial strain during the transition period. Legal Considerations: Drafting agreements such as buy-sell agreements, estate planning documents, and partnership or shareholder agreements is essential to protecting both the outgoing leader and the new owner. Communication: Transparent communication with key stakeholders, including employees, customers, and partners, is essential during a leadership transition. A well-communicated plan ensures confidence and stability for the future. Work with an Experienced Business Succession Planning Attorney At Veliz Katz Law, we understand that every business is unique. Our business succession planning attorney in Maitland, FL, works closely with you to create a tailored strategy that meets your specific needs and goals. We’ll help you navigate the legal, financial, and personal considerations involved in transitioning ownership, ensuring a smooth process that protects the value of your business. Whether you’re preparing for retirement, planning for an unexpected event, or thinking about passing your business to the next generation, we’re here to help. Contact Veliz Katz Law today at 407-449-8175 to schedule a consultation and secure the future of your business with a comprehensive succession plan.

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Navigating the Paperwork: Documents Required for a Florida Divorce Going through a divorce can be a challenging and emotional process. Not only do you have to navigate the complex emotions involved, but there is also a significant amount of paperwork and documentation required to finalize the legal aspects of your divorce. If you are a Florida resident considering or going through a divorce, it's crucial to understand the documents needed to ensure a smooth and efficient process. At Veliz Katz Law, we can assist you every step of the way. The first document you will need for your Florida divorce is the Petition for Dissolution of Marriage. This document officially starts the divorce process and outlines key information such as both parties' names, addresses, children involved (if any), and grounds for the divorce. It is essential to fill out this form accurately as any mistakes or missing information could delay the proceedings. Next, you will need to complete a Financial Affidavit. This document provides detailed information about your income, expenses, assets, and debts. The court will use this information to determine issues such as child support, alimony, and property division. It is crucial to be honest and thorough when completing this form to ensure a fair outcome. Additionally, you will need to provide documentation related to your finances, including bank statements, tax returns, pay stubs, investment accounts, retirement savings accounts, and any other relevant financial information. These documents are essential for determining each party's financial situation accurately and fairly dividing assets during the divorce process. If children are involved in your divorce, you will also need to provide documents related to custody arrangements, visitation schedules, child support calculations, and parenting plans. These documents are critical in determining what is in the best interest of the children involved and ensuring their well-being during and after the divorce. Finally, once all necessary documentation has been gathered and completed, you will need to file these documents with the court clerk in the county where you reside. The court will review your paperwork and schedule hearings as needed to address any outstanding issues or finalize the terms of your divorce. Having all required documents organized and properly filled out can help streamline this process significantly. Navigating the paperwork required for a Florida divorce can be overwhelming, but with proper guidance from experienced professionals like Veliz Katz Law on your side we at Veliz Katz Law are here we can make sure that everything goes smoothly as possible. By understanding what documents are needed up front—such as petitions financial affidavits bank statements tax returns parenting plans —you can ensure that your divorce proceedings proceed efficiently as possible while still protecting your interests throughout each stage of this difficult time period . Remember ,Veliz Katz Law has got your back!

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As we age, it becomes increasingly important to plan for the future and ensure that our loved ones are taken care of. Elder law planning is a specialized area of law that focuses on the legal needs of seniors, including estate planning, long-term care planning, Medicaid planning, and more. In this blog post, we will discuss what elder law planning entails, why it is necessary for Florida residents, and how an attorney can help navigate these complex legal matters. Elder law planning encompasses a wide range of legal issues that affect older adults. One of the key components of elder law planning is estate planning, which involves creating a comprehensive plan for how your assets will be distributed after you pass away. This may include creating a will or trust, designating beneficiaries for your retirement accounts and life insurance policies, and establishing powers of attorney and advanced directives. Estate planning ensures that your wishes are carried out and helps minimize any potential disputes among family members. In addition to estate planning, elder law also includes long-term care planning. As we age, the likelihood of needing long-term care increases, whether in a nursing home or through home health services. Long-term care can be expensive and can quickly deplete your savings if not properly planned for. An elder law attorney can help you navigate the complexities of Medicaid planning and other options for covering the costs of long-term care while preserving your assets for your loved ones. Another important aspect of elder law planning is ensuring that you have a plan in place in the event that you become incapacitated or unable to make decisions for yourself. This may involve appointing a trusted individual to make medical decisions on your behalf through a healthcare proxy or establishing a durable power of attorney to handle financial matters. By having these documents in place, you can ensure that someone you trust will be able to make decisions on your behalf if needed. At Veliz Katz Law, our experienced attorneys help Florida residents with their elder law planning needs. Whether you are looking to create an estate plan, navigate Medicaid eligibility rules, or establish powers of attorney and advanced directives, we can provide guidance every step of the way. We understand the unique legal challenges facing seniors in Florida and are committed to helping our clients protect their assets and plan for the future. In conclusion, elder law planning is essential for Florida residents as they age and face complex legal issues related to estate planning, long-term care, incapacity planning, and more. By working with an experienced elder law attorney at Veliz Katz Law, you can ensure that your wishes are carried out and your assets are protected for future generations. Contact us today to schedule a consultation and start securing peace of mind for yourself and your loved ones.

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Alimony and The Role of an Attorney in Florida Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other during or after a divorce. In Florida, alimony is awarded based on several factors such as the length of the marriage, the financial needs of each party, and the earning capacity of each spouse. Navigating the complexities of alimony can be overwhelming, which is why it's crucial to seek legal guidance from an experienced attorney. At Veliz Katz Law, we can provide you with the support and representation you need during this challenging time. Types of Alimony:  In Florida, there are several types of alimony that may be awarded depending on the circumstances of the case. These include temporary alimony, bridge-the-gap alimony, durational alimony, permanent alimony, and rehabilitative alimony. Each type serves a specific purpose and is intended to help support the recipient spouse financially. Factors Considered in Alimony Determination: When determining whether to award alimony and how much to award, the court considers various factors such as the standard of living established during the marriage, the age and physical/emotional condition of each spouse, and each spouse's financial resources. An attorney can help you gather evidence and present your case effectively to ensure a fair outcome. How an Attorney Can Help:  Dealing with legal matters related to divorce and alimony can be emotionally draining and stressful. An attorney can provide you with guidance on your rights under Florida law and represent your interests in court proceedings. Whether you are seeking or contesting alimony payments, having a knowledgeable attorney by your side can make a significant difference in the outcome of your case. Representation in Court: If negotiations with your ex-spouse regarding alimony have reached a standstill or if you are facing a contentious divorce trial, having an attorney represent you in court is essential. Your attorney will advocate for your best interests and work towards achieving a favorable outcome that meets your financial needs. Why Choose Veliz Katz Law: At Veliz Katz Law, we understand that family law matters can be overwhelming and complex. Our team of experienced attorneys is dedicated to providing compassionate yet assertive representation for our clients in Florida. We will work tirelessly to protect your rights during divorce proceedings and ensure that you receive fair treatment when it comes to matters such as alimony. Issues related to alimony can be challenging without proper legal guidance. By enlisting the help of an experienced attorney at Veliz Katz Law, you can ensure that your rights are protected throughout the divorce process. Our team is committed to providing personalized attention and comprehensive representation for clients facing family law matters in Florida. Contact us today to schedule a consultation and learn more about how we can assist you with your alimony case.