Our Family Law service at the John Vernon Moore Law Offices involves our extensive experience in family law issues in Florida.
We have a deep knowledge of family law statutes for the state of Florida. Whether it's a child custodianship or divorce case, we provide you with a professional family law defense in Brevard County, Florida.
When we work with you, you can be certain of your rights being protected as you navigate through the complex judicial processes encountered in family law matters.
The John Vernon Moore Law Office understands the stress and emotional turmoil family matters can bring to individuals. We aim to expedite your legal cases as quickly as possible to your benefit.
We zealously advocate for our clients with a thorough and aggressive approach throughout our representation and to provide you with the very best possible legal representation available.
Our services cover the following family cases in Florida:
The more you and your spouse can agree on regarding the issues in your Florida divorce, the less your lawyer has to fight over in court, and the less money their services will cost you. This is something you may want to explain to your spouse. An uncontested divorce in Florida means that the parties agree on all issues such as division of property and debts, alimony or not, child support, visitation if applicable, and responsibility for attorney fees. There is nothing left for the judge to decide. Our firm charges a flat fee for representation for all uncontested divorces.
- Contested Divorce: While reaching an agreement regarding all issues relating to your divorce settlement is ideal, it is oftentimes not practical. In such cases, a Florida contested divorce is inevitable because the parties cannot sit down to agree on the terms of their divorce. It is also necessary in situations where a spouse does not want to get a divorce in the first place. The spouses should seek the help of a Florida family law attorney in any contested divorce situation. Moreover, it is of paramount importance to retain the services of a qualified attorney in situations where there is a history of spousal abuse, where one spouse has a high net worth, or if one spouse involved the other in a lot of joint debt. The Law Office of John Vernon Moore, P.A. has represented many individuals through the course of their contested divorces. Any time our firm is involved in a contested divorce, we expend the necessary research to discover evidence that will help them to win the case. This includes the other party's financial dealings as well as their personal lives. In some cases, there might be a need for legal support during contested divorce matters. You can count on our Brevard County family law attorney to provide you legal assistance when involved with contested divorce cases.
- Military Divorce: Our law office in Florida can handle military divorce cases because we understand every aspect of Florida law as it concerns the military.
- Divorce Appeals: We handle divorce appeals for Florida spouses who are undergoing a divorce case. Our family law counsel in Brevard County, Florida eases the process of handling divorce appeals.
- Asset & Debt Division: Asset and debt division often presents a challenge for divorcing couples in Florida. We provide asset and debt division and resolution strategies for intending divorcees.
- Child Relocation: Relocation is an issue that is often addressed either in an initial custody action or after an initial custody order has been established. Florida Statute 61.13001 specifically addresses the issue of relocation. This statute prevents a residential parent from relocating their residence more than 50 miles unless the parties enter into a written agreement before the move or a court approves the relocation.
- Child Support: Child support is necessary when a child custody case is needed. The Law Office of John Vernon Moore, Brevard County provides a detailed legal framework for child support cases in Florida. Florida state statutes (61.30) provide specific guidelines for calculating child support. To simplify the process, most states have published worksheets that allow parties to enter income and expense information to arrive at a “presumptive” monthly payment amount. This figure is said to be presumptive because it is possible to deviate upward or downward based on unique circumstances. If the parties can agree on the final amount, then a stipulated order can be submitted for the court's approval. If the parties cannot agree, it will be necessary to hold a hearing for the judge to decide the matter.
- Parenting Plans: During divorce settlement and child custodianship, proper parenting plans must be put in place for the children as the case might be. Our Florida law attorney provides legal support for parenting plans required for the proper welfare of children in the dissolved union.
- Child Custody: The Law Office of John Vernon Moore, P.A. provides legal support for child custody cases in Florida. There are two main categories for child custody, legal and physical, which are then also assigned as either sole or joint. Legal custody deals more with the rights and responsibilities of a parent as opposed to where the child resides. It allocates who can make decisions about major issues in the child's life, such as education, medical and healthcare decisions, and the child's overall welfare. An award of joint legal custody makes it necessary for the responsible parties to communicate and work with one another to share in these decisions. Physical custody addresses where the child will reside and for how long, and who will have the day to day responsibility and right to make necessary decisions regarding the child's daily activities and wellbeing. When joint physical custody is awarded, the child will spend time residing with both parents and/or guardians. This does not mean that the time must be divided equally; rather it might be an arrangement explicitly spelled out by the parties or based on stated guidelines and shared payment of costs for raising the child. All states have adopted the policy that child custody arrangements and awards must be based upon the best interest of the child. Although the factors considered for determining this may vary from state to state. When the parents/guardians can get along and agree to it, the court may award joint physical and/or joint legal custody. Generally, when one parent/guardian is granted sole physical custody, the other parent/guardian will be awarded visitation, which includes weekends, some holidays and vacation time and other occasions, as applicable. Courts reserve the right to modify custody arrangements when the circumstances call for it.
- Equitable Distribution (Division of Assets, Retirements, Bank Accounts, and Pensions In Divorce): “Equitable distribution” refers to the way that spouses in Florida divide their property and debts in a divorce. While some states have community property rules requiring an exactly equal division of marital property and debts, most states require only an “equitable” or fair division. Florida law requires an equitable division but also states that in most cases equitable means equal. We offer representation in family law matters where there is a need for legal support or guidance.
- Alimony/Spousal Support: Spousal support or alimony is an important aspect of divorce and requires a properly documented legal support to ensure each party gets their right. We provide legal services for spouses who need alimony and spousal support.
- Annulment vs. Divorce
- Child Support Modification
- Domestic Violence
- Modify, Enforce, Domesticate Final Judgments
- Prenuptial & Post-marital (Postnuptial) Agreements
- Father's Rights in Florida
- Adoption (Adult or Child)
- Name Change (Adult)
Family law cases are tangled with high stakes – children, property, money, in addition to many other items. Situations, where parties can come to a mutually agreed-upon settlement, are always favored and our firm encourages and hopes that you can settle your case without the expense and stress of litigation. However, while an amicable and acceptable settlement agreement where the parties come to a full agreement regarding the issues surrounding their family law matter is ideal, unfortunately, parties cannot always agree to settlement terms and must litigate their case before the court. Should litigation become necessary in your case, Attorney Moore has extensive trial experience and litigation practice in divorce, custody, child support, paternity, and related family law matters and will relentlessly and aggressively litigate your rights in court.
When minor children involved, child custody/time-sharing, as well as child support, must be addressed. Family law matters with minor children involved must include what is called a “Parenting Plan”. Parenting plans must be sufficiently detailed to instruct and govern the parties concerning how the parties will raise the children after separation. A parenting plan must be drafted and agreed upon by the parties or the terms ordered by the Court and must address components like time-sharing/custody, division of holidays, school designation for the minor children, and any other issue of the parties' children.
Also, if a spouse or both spouses are in the military there are additional issues to be resolved. Our military divorce attorneys are experienced and knowledgeable in all issues that confront military personnel upon divorce.
Aside from issues relating to children, divorces have a heavy emphasis on financial issues. Accordingly, it is incredibly important that you retain an attorney who is well versed in property/asset and debt division, in addition to complex financial issues. Attorney Moore has extensive experience in complex financial issues that arise in family law cases.
The main component of family law includes the equitable distribution of marital property – that is, assets and debts acquired during the marriage. This includes division of retirement accounts, bank accounts, property such as real property and personal property (tangible and intangible). The equitable distribution also encompasses the determination of marital and non-marital property. Non-marital property is a complicated issue in family law and if you have an issue relating to a non-marital property, you should contact an attorney to help guide you through issues relating to non-marital property as certain actions throughout the marriage could change the nature of assets to convert from non-marital to marital property.
Upon the equitable division of marital assets and debts, whether and to what extent a spouse is entitled to alimony/spousal support is then generally addressed. Alimony, also known as “spousal support” can come in several different varieties and depends on two factors (1) one parties' need for alimony/spousal support, and (2) the other party's ability to pay alimony/spousal support to the spouse demonstrating the need for the monetary support after separation by the parties. There is no formula to derive how alimony/spousal support is calculated but depends largely on the lifestyle enjoyed by the parties during the marriage and the parties' respective financial situations.