What is Mediation?

March 4th, 2013 | Posted in Articles, Divorce, Family Law

Mediation is a process during a divorce whereby a neutral third party, known as the “mediator”, helps a divorcing couple negotiate and settle their case without the necessity of going to trial.

The parties and their lawyers meet with the mediator to discuss and try to settle their case. Mediation allows the spouses to reach a binding agreement as to all aspects of their divorce, including, not limited to: Read more..

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Does Cheating Matter in a Florida Divorce?

February 21st, 2013 | Posted in Articles, Divorce, Family Law

By Attorney Vanessa Cotto

cheating call meThe infidelity of one spouse is a common reason why many marriages crumble. However, Florida is considered “no fault” divorce state. This means that a spouse who is seeking a divorce does not have to show any wrongful conduct of the other spouse and a court will not get involved in the details of why a marriage deteriorated. The spouse seeking a divorce simply needs to state that the marriage is “irretrievably broken” and not capable of being repaired.

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How is Child Support Determined?

January 29th, 2013 | Posted in Articles, Family Law

By Attorney Vanessa Cotto

Calculate Child SupportIn Florida, both parents are legally obligated to provide support for their minor children. The purpose of child support is to ensure that a child’s basic needs for food, clothing and shelter are met. The right to receive child support belongs to the child and a parent who is to receive child support cannot waive away this right on behalf of the child. Read more..

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Temporary Relief in Orlando Divorce and Paternity Cases

January 23rd, 2013 | Posted in Articles, Divorce, Family Law

By Attorney Vanessa Cotto

Divorce law in Florida allows for parties to request temporary relief pending the final disposition of their divorce or their paternity case. The road to the end of a divorce case or a paternity action is long, cumbersome, and costly. If one party is dependent for support on the other party or if both parties are struggling with co-parenting during the pendency of their case, it is wise to file a temporary needs motion and schedule a hearing in front of the judge early on in the process. Read more..

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What are the benefits of establishing Paternity?

January 15th, 2013 | Posted in Articles, Family Law

By Attorney Vanessa Cotto

“Paternity” is the legal process for determining who is the father of a child. Children born during a marriage are presumed to be children of the husband. However, if the child is born to parents who are not married, the child has no legal father, and the biological father has no legal rights or responsibilities to the child.

In order for the biological father to be the legal father, the parents must establish paternity for the child. Read more..

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Mediation and Marital Settlement Agreements are Contracts in Florida

January 7th, 2013 | Posted in Articles, Divorce, Family Law

By Attorney Vanessa Cotto

Marital Settlement AgreementsWhile it is often thought that a Judge determines the terms of a divorce or paternity action, the reality is that, in a majority of cases in Florida, the parties are able to negotiate and settle their case without the necessity of going to trial. The contract that contains all the terms of a divorce is called the “Marital Settlement Agreement” or it may be referred to as the “Mediated Settlement Agreement.” A copy of this agreement is incorporated into a Final Judgment and creates a legally enforceable obligation between the parties in a case. Read more..

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How to get a Writ of Garnishment?

January 1st, 2013 | Posted in Articles, Family Law

By Attorney Carmen Tankersley

Chapter 77 of Florida Statute (2012), states that any person or entity that has sued to recover a debt or has obtained a judgment in any court against any person or entity has a right to a writ of garnishment. This is a handy instrument when you have sued and won, but the defendant refuses to pay you the amount ordered in the final judgment. With a writ of garnishment the plaintiff can recover their debt through any debt due to the defendant by a third person, for example: salary or wages owed by an employer, rental income, and bank accounts (checking, saving, trust accounts). Read more..

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Domestic violence: Will the State drop the charge?

December 27th, 2012 | Posted in Articles, Criminal Law, Family Law, FAQ

When the police are called because of a domestic violence dispute, you can count on things getting out of your control. The laws of the State of Florida and the policies of police agencies presume that when a couple gets into a fight, violence ensues. In order to avoid any violence from occurring after they leave, the police will usually arrest one of the parties and let them cool off in jail. Unfortunately, that’s not where the story ends. Read more..

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Sign a Prenup? That Is So Romantic!

November 29th, 2012 | Posted in Articles, Family Law, FAQ

By Attorney Vanessa Cotto

A Prenuptial or Premarital Agreement is a written contract created by two individuals who plan to be married. While you may have the best hopes for your future, it is not a bad idea to consider protecting your assets. The cost and time of preparing a premarital agreement is substantially far less than that of divorce litigation. Remember, just because you are prepared for the worst does not mean the worst will happen. Read more..

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Top 8 Mistakes to Avoid During a Divorce

November 28th, 2012 | Posted in Articles, Divorce, Family Law

By Attorney Vanessa Cotto

As an Orlando divorce attorney I see good people going through one of their worst and most emotional experiences of their life. Unfortunately, this means I also get to see a lot of mistakes. These mistakes can cost people thousands of dollars, precious time with their kids, and sometimes even their very own sanity! These mistakes can be easily avoided. I’ve listed them below in no order of importance. Read more..

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