Family Law

Providing Peace and Order During Emotionally Charged Times

 

Our firm believes in helping families navigate their family legal issues with peace and integrity. Divorce is a difficult time for almost everyone, so as a woman who went through a divorce herself, and who has navigated co-parenting for over 10 years, Heather Bryan wants to encourage others to have a healthier divorce and co-parenting process. Our goal is to help our clients to divorce with dignity. We work with an assertive and zealous approach to litigation while maintaining our compassion for our clients. Our goal is to help you through the process of your divorce with the help of our knowledge and experience.


  • Divorce — Our firm has years of experience dealing with divorces of varying degrees of conflict and complexity. Just because you and your spouse agree on the need for a divorce does not mean you can do without legal counsel. It’s important to have an experienced attorney by your side so your rights are protected and goals are met. We are passionate about providing compassionate yet assertive legal representation during a client’s divorce.

 

  • Collaborative Divorce — If both parties in a divorce or other family law matter agree on the need for an amicable and effective resolution, they may choose to settle the issue in a collaborative process. This route allows the parties to have more control over the outcome, as well as the ability to reduce stress without the threat of litigation. Both parties must be on board and the key is transparency.  There are numerous benefits to the collaborative approach, but not all cases are a good fit. It is important to talk to an attorney to see if your case is a good fit for the collaborative process.

 

  • Equitable Distribution — The division of property is often misunderstood by spouses who are just starting out in the divorce process. One common misconception is that courts will always divide marital assets exactly equally. This is not necessarily the case; judges have an obligation to divide marital assets in a “fair and equitable” manner. There are many factors judges use to determine the equitable division of assets. It is essential to have an attorney by your side during contested property division so you get your fair share.

 

  • Prenuptial Agreements — Prenuptial agreements have a reputation for attracting greedy spouses who want everything to go their way should they ever divorce. This reputation is unfair.  Prenuptial agreements can be important tools for any spouse to protect whatever is important to them prior to entering into a marriage. It’s not the most romantic thing you and your spouse will ever agree to, but it can be incredibly useful. Another legal matter we handle in this area is fighting against extremely unfair prenuptial agreements.

 

  • Alimony — Spousal support is one of the most hotly contested aspects of any divorce. This law has recently changed in Florida. There is no permanent alimony in Florida. Durational alimony is awarded when one party shows there is an actual need and the other party has the ability to pay. Just as it sounds, it is for a specific amount of time. Many factors are considered by the Court when determining whether alimony is appropriate. These factors include, the length of the marriage, the age and condition of the parties, the resources available to the parties, the earning capacities and employability of the parties, and the contributions of the parties during the marriage. There are also other forms of alimony for which one may qualify, bridge-the-gap, and rehabilitative. Our firm’s goal is to help evaluate your financial circumstances to achieve the best outcome for your specific case. 

 

  • Contempt & Enforcement — It can be beyond frustrating when an ex-spouse stops paying child support or alimony or is not abiding by a Parenting Plan. You and your children need those funds to make ends meet. Some parents withhold these support payments in response to the other parent’s withholding time-sharing. This isn’t permitted; and parents have legal tools available to enforce court-ordered alimony, child support, or time-sharing—including jail time for the parent or ex-spouse in contempt of the court order. There are intermediate steps you can take that are often effective, but having an attorney increases the likelihood of success.

 

  • Domestic Violence Injunctions — Whenever possible, Florida courts prefer due process to play out between petitioners and respondents of domestic violence allegations. However, time is often of the essence, and petitioners who believe they are in imminent danger of violence may be able to get a temporary injunction (protection) from domestic violence. A court hearing is scheduled as soon as possible after these ex parte injunctions. Meanwhile, the respondent will likely be ordered to stay away from the petitioner. At the civil court hearing, the judge will consider whether a permanent injunction should be awarded or denied. These are incredibly stressful and difficult situations, which make it imperative for you to enlist the help of a quality family law attorney. 

 

  • Modifications — It’s natural for your circumstances and the circumstances of your children and ex-spouse to evolve after the original judgments are handed down. If the current time-sharing, alimony, or child support arrangements are not working out for you or your children, it may be time to seek what’s called a modification. The conditions you must meet for a modification to be granted by a judge differ based on the order you want modified, but it generally requires a material and substantial change of circumstances. Conversely, securing a modification is easier if both you and your ex-spouse agree on the modification. If you are in need of a modification, we are here to help you negotiate a plan to suit your family’s needs.

 

  • Paternity — Under Florida law, there is a presumption that if a married couple has a child, that child is the child of both parents. Where it can get complicated, though, is if a child is born out of wedlock. Until July 1, 2023, even if a “father” signed a birth certificate, he was not the legal father until there was a court order establishing paternity, and therefore legal rights to the child could be denied. Now, fathers of children born out of wedlock after July 1, 2023, who sign a voluntary acknowledgement of paternity (the mother must sign it too) and file it with the clerk of court are considered “natural guardians” and are entitled to the rights and responsibilities of parents. It must be noted, however, that in order to establish time-sharing and child support, legal action must still be filed through the court. If you need to establish paternity, our firm is here for you.

 

  • Relocation — Florida law prevents co-parents from “relocating” while time-sharing orders are in effect. Relocation, under the law, is defined as moving 50 miles or more from your principal residence for a period of 60 or more consecutive days. If this situation applies to you—say, you get a new job or your employer transfers you—you must get written consent from the other co-parent before going through with the move. Additionally, you must work out a new time-sharing arrangement. If the other parent contests relocation, you must file a petition with the court.  During this time, you might be temporarily barred from relocating yourself and your child while the legal process plays out. 

 

  • Time-Sharing — Time-sharing is usually, by far, the most contentious issue spouses have to address during a divorce. On July 1, 2023, Florida law officially became a 50/50 time-sharing state. Unless you can show by a preponderance of the evidence why equal time-sharing is not in the best interests of your child(ren), the Court will implement equal time-sharing. The best way for developing a time-sharing arrangement is to have both parents come up with a plan themselves. An experienced attorney can help meet your goals and put the interests of your children first.

 

Call a Compassionate and Quality Attorney for Your Family Law Needs

Our firm understands how emotional family law matters can be on parents AND children. Attorney Heather Bryan has been on the other side of divorce; as a result, she intimately understands how important it is for parents to work towards an amicable resolution when it comes to time-sharing, alimony, child support, and other important issues. We’re waiting for your call so we can get started on a better future for you and your children. Call us at (863) 825-5309 today.