Florida Family Law Attorney Serving South Florida
A Florida family law attorney at Caserta & Spiriti can help you understand your rights and options. Our firm has represented South Florida clients in family law matters since 1988. We assist with divorce, paternity, parenting plans, time-sharing, child support, alimony, equitable distribution, marital agreements, and injunctions.
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Guidance From a Florida Family Law Attorney
Family disputes can affect children, housing, finances, and future plans. A Florida family law attorney can explain the legal process. Counsel can also identify the issues that require prompt attention.
Caserta & Spiriti handles many marital and family law matters. These include divorce, paternity, parenting plans, time-sharing, child support, alimony, equitable distribution, and relocation. We also prepare and review marital agreements.
Cases involving children often require careful planning. We seek to reduce avoidable conflict while protecting our client’s rights. Depending on the facts, the case may involve negotiation, mediation, parenting coordination, litigation, or several of these methods.
How a Florida Family Law Attorney May Help
The right approach depends on the disputed issues. Existing orders, finances, safety concerns, and the children’s needs also matter.
Explain Florida Family Law
A Florida family law attorney can explain court procedures, required disclosures, legal standards, and available remedies.
Identify Important Issues
Identify parenting, support, property, debt, business, retirement, relocation, and enforcement concerns.
Review Financial Information
Review financial affidavits, income records, assets, debts, expenses, tax returns, and related documents.
Negotiate Agreements
Negotiate parenting plans, marital settlement agreements, support terms, and property distribution.
Prepare Court Filings
Prepare petitions, responses, motions, parenting plans, agreements, and discovery requests.
Advocate in Court
Represent clients at hearings, mediation, trial, enforcement proceedings, and other agreed stages.
Matters a Florida Family Law Attorney May Handle
Each matter requires an individual review. Representation also depends on jurisdiction, conflicts, attorney availability, and a written engagement agreement.
Divorce and Dissolution
- Contested divorce
- Uncontested divorce
- Simplified dissolution
- Marital settlement agreements
- Temporary relief
- Post-judgment enforcement
- Modification proceedings
Children and Parenting
- Parenting plans
- Parental responsibility
- Time-sharing schedules
- Paternity proceedings
- Parenting coordination
- Relocation with a child
- Enforcement and modification
Support Matters
- Child support
- Retroactive child support
- Modification of child support
- Enforcement of support orders
- Alimony and spousal support
- Modification or termination of alimony
Property and Financial Issues
- Equitable distribution
- Marital and nonmarital property
- Division of marital debts
- Retirement accounts and pensions
- Business ownership interests
- Real estate and the marital home
- Financial discovery
Marital Agreements
- Prenuptial agreements
- Antenuptial agreements
- Postnuptial agreements
- Review of proposed agreements
- Negotiation of agreement terms
- Enforcement and validity disputes
Domestic Violence and Protection
- Domestic violence injunctions
- Dating violence injunctions
- Repeat violence injunctions
- Sexual violence injunctions
- Stalking injunctions
- Emergency and final hearings
- Defense against injunction petitions
The Process With a Florida Family Law Attorney
Procedures vary by case. A divorce, paternity, support, or parenting matter may include the stages below.
Initial Consultation
Discuss goals, urgent concerns, family facts, finances, existing orders, and deadlines.
Filing and Service
A petition or other pleading is filed. Formal service or another approved procedure then follows.
Financial Disclosure
The parties exchange required financial affidavits, tax records, income information, and account statements.
Temporary Issues
The court may address temporary support, parenting arrangements, property use, attorney’s fees, or other relief.
Discovery and Evaluation
The parties use discovery to investigate financial, parenting, property, and other disputed issues.
Negotiation or Mediation
The parties may seek resolution through negotiation, mediation, or another authorized process.
Final Hearing or Trial
The court may decide unresolved issues after testimony, exhibits, legal argument, and other evidence.
Final Judgment and Enforcement
The court enters enforceable orders. Later proceedings may involve enforcement, clarification, appeal, or modification.
What to Gather for a Florida Family Law Attorney
- Existing court orders, judgments, parenting plans, injunctions, and written agreements.
- Recent tax returns, pay records, bank statements, investment statements, retirement-account records, and debt information.
- Deeds, mortgage statements, vehicle titles, business documents, and records concerning significant marital or nonmarital assets.
- A proposed parenting schedule and information about the children’s school, medical care, activities, and special needs.
- Relevant written communications, calendars, photographs, receipts, and other records that may help explain disputed events.
- A list of immediate concerns, desired outcomes, upcoming deadlines, and questions for the attorney.
- Information about any domestic violence, stalking, threats, substance abuse, child-safety concerns, or emergency circumstances.
- Do not obtain documents by improperly accessing another person’s private accounts or devices.
Official Florida Family Law Resources
These government resources offer general information and court forms. They do not replace advice from a Florida family law attorney.
Florida Statutes, Chapter 61
Review Florida laws addressing divorce, support, parenting, time-sharing, equitable distribution, alimony, and relocation.
View Chapter 61Florida Courts Family Law Forms
Access Florida Supreme Court approved forms for divorce, paternity, parenting plans, support, and related family matters.
View Family Law FormsFlorida Courts Self-Help Information
Find general court information about divorce, child support, time-sharing, paternity, and parenting plans.
Visit Florida Courts Self-HelpFlorida Family Law Attorney FAQs
These answers provide general information. They do not replace legal advice based on your facts.
How long must I live in Florida before filing for divorce?
Florida generally requires that at least one spouse have resided in the state for the six months immediately before filing. The available proof and jurisdictional circumstances should be reviewed in each case.
Does Florida require a spouse to prove fault to obtain a divorce?
Florida dissolution proceedings are generally based on a marriage being irretrievably broken rather than requiring proof of marital fault. Conduct may still be relevant to certain financial, parenting, domestic violence, or other issues when permitted by law.
Does Florida use the term “child custody”?
Florida family law generally uses the terms parental responsibility, parenting plan, and time-sharing. The court’s decisions are guided by the child’s best interests and the applicable statutory factors.
How is marital property divided in a Florida divorce?
Florida applies equitable distribution. The court identifies marital and nonmarital assets and liabilities and generally begins with the premise of an equal distribution, subject to legally recognized reasons for an unequal distribution.
How is child support determined in Florida?
Florida uses statutory child-support guidelines. Calculations may consider the parents’ incomes, certain deductions, health-insurance costs, childcare expenses, time-sharing, the number of children, and other authorized factors.
Can a parent relocate with a child?
A qualifying relocation may require written agreement or court approval. Florida law establishes specific notice, petition, objection, and evidentiary requirements, so legal advice should be obtained before moving or agreeing to a move.
Can a parenting plan, child support, or alimony order be modified?
Some orders may be modified when the legal requirements are met. The standard depends on the type of order, the requested change, the underlying judgment or agreement, and the facts arising after entry.
Are prenuptial and postnuptial agreements enforceable in Florida?
Such agreements may be enforceable when statutory and legal requirements are satisfied. Formation, disclosure, voluntariness, drafting, execution, and the particular provisions may affect enforceability.
Will my family law case have to go to trial?
Not necessarily. Many matters are resolved through negotiation, mediation, or written agreement. When material issues remain disputed, the court may need to decide them after an evidentiary hearing or trial.
When should I contact a Florida family law attorney?
Consider seeking advice before signing an agreement, moving with a child, changing a parenting schedule, or ignoring a court deadline. Early guidance may help you understand available options.
Speak With a Florida Family Law Attorney
Family law decisions may affect children, finances, property, and future relationships. Contact Caserta & Spiriti to discuss whether the firm can assist with your matter.
Contact Caserta & SpiritiPractice Area Attorneys
Joseph Spiriti
Joseph A. Spiriti Jr. is the Senior Managing Member of Caserta & Spiriti Attorneys at Law. He assists clients throughout Florida, with a focus on Miami-Dade, Broward, and Palm Beach Counties, in real estate, contracts, landlord-tenant matters, deeds, evictions, debt defense, and debt recovery.
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Robert Mellinger
Robert L. Mellinger is a Senior Attorney with Caserta & Spiriti Attorneys at Law. He assists with oversight of the firm’s Elder Law Department and serves as a liaison for legal plan matters, co-counsel relationships, and client service coordination. His background includes elder law, probate, guardianship, estate planning, family law, civil litigation, and general practice matters.
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Maria Cristina Gonzalez
Maria Cristina Gonzalez is a Florida family law attorney and Of Counsel Attorney with Caserta & Spiriti Attorneys at Law. Her practice focuses on helping clients address legal issues involving divorce, timesharing, parenting plans, child support, paternity, adoption, domestic violence matters, and related family law concerns.
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Joshua L. Fisher
Joshua L. Fisher, Esq. is a Florida criminal defense attorney and Of Counsel Attorney with Caserta & Spiriti Attorneys at Law. He represents clients in criminal defense matters involving Florida state criminal courts, federal criminal courts, and criminal appellate issues. His criminal defense practice includes representation in matters involving DUI, theft offenses, assault and battery allegations, domestic violence-related criminal allegations, probation violations, weapon offenses, federal criminal defense, serious felony allegations, and related criminal law matters.
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