Family Law at the Law Office of Maggie Jo Hilliard, P.A.
At the Law Office of Maggie Jo Hilliard, P.A., it is understood that your family law situation is delicate and unlike that of any other client. Whether you need counsel before you are married to assist in drafting a premarital agreement, to initiate divorce proceedings or to seek a modification of prior court orders, your needs guide the process.
The Florida Family Law Rules of Procedure 2008 Edition can be found at this site and statutes regarding the dissolution of marriage can be found by clicking here. To read articles regarding Florida divorces, click here.
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If you were recently married or will soon be married, many people have advice to offer you. Some of the best advice you may find, however, may be that of a lawyer. New responsibilities, aside from deciding who takes out the garbage, are imposed from marriage. Marriage is a legal contract between you, your spouse and government. Understanding your duties and obligations is important.
Florida law imposes upon a husband and wife the duty to support their spouse and children. Both, husband and wife, are personally liable for family debts. This is binding even if one or both partners are minors at the time of marriage, provided that the marriage itself is valid under the law.
Legal documents that exist at the time of marriage may need to be altered as beneficiaries or joint owners may now need to be changed to the name of your spouse. Employers, human resources, stock brokers, banks, insurance agencies/companies may also need to be informed as to your new marital status. Benefits may exist for married, as opposed to single, persons.
Changing Names
In the state of Florida, women are not required to change last names. If a name change in occurs, the following entities need to be notified:
- Florida Department of Highway Safety and Motor Vehicles
- Social Security Administration
- Supervisor of Elections
Wills
It is strongly encouraged to get a will following your marriage to assure that the disposition of your property is done according to your wishes.
In Florida, if you die without a will, one portion of your estate goes to your spouse and the remaining goes to your children. The surviving spouse will be appointed guardian of the estate of the minor children. If an attorney drafts your will, you, not the courts, will decide your property disposition.
If you and your spouse die at the same time, a guardian will be appointed for minor children in accordance with a valid will. However, if you do not have a will, the court will choose a guardian, and it may be a person you would not have chosen.
Premarital Agreements
Although you may intend to be together forever, premarital agreements are designed for the possibility of a less fortunate disposition. Premarital agreements will help to set forth the methods by which you and your spouse will take property in the event that things do not work out. In a marital dissolution, your child custody, property, support and debt rights/obligations will be determined by a court (or a marital sepration agreement agreed upon by you and your spouse). A valid premariatal agreement, drafted before the marriage, can determine issues when the stress of divorce is not a factor. An agreement should be negotiated and signed in advance of the nuptuals and both parties need to be represented by an attorney to avoid issues of validity and proper understanding of the document at a later date. In Florida, some issues cannot be determined by a premarital agreement. Issues involving children are typically addressed at the time of divorce and cannot be validly addressed in a premarital agreement.