Family Law

Skilled and Compassionate Family Law Representation

Divorce/Dissolution of Marriage

Anyone who has been through the court system will tell you that it is an unnerving experience, perhaps even frightening. Having an attorney on your side, whose loyalty and dedication is beyond question, is imperative.

Dealing with complicated family law issues including Divorce, Child Support, Child Custody/Timesharing, Division of Marital Property, and Spousal Support and Alimony can be extremely difficult for you and your family. At Collins, Maynard & Associates, we understand that. We represent clients in Sarasota, Manatee, DeSoto, and Charlotte counties aggressively but with personal attention to the client's needs. Our attorneys are experienced practitioners, committed to protecting the rights of our clients and serving the best interests of their children.

If you are currently going through a divorce or are simply considering it, we can help you understand and address the various issues that come with dissolving a marriage including Divorce, Child Support, Child Custody, Visitation, Division of Marital Property, and Spousal Support and Alimony. You may also want to consider Mediation as a faster and less expensive alternative to the traditional divorce process. Whatever your needs, we have the skills, resources and years of experience necessary to successfully bring your case to a conclusion with professionalism, integrity and compassion for you, the client. Our ability to provide our clients with sensitive understanding combined with the legal tools to make informed, objective decisions during these stressful times has given our firm a successful reputation in the Family Law area of practice.

The attorneys at our firm pledge to work for you to get you and your family through this difficult period. We consistently strive to resolve any divorce or other family conflict first through mediation, while always being prepared to litigate if an agreement cannot be reached.

Our attorneys prides themselves in individualized representation because they understand that every case is unique and every situation is different. This might be your first divorce case, but remember it’s not ours. To that end, we strive to be available to our clients on a daily basis and after hours and on weekends when emergencies arise.

Child Custody/Timesharing

In October 2008, the Florida law regarding child custody changed dramatically. In fact, in Florida, there is no such thing as child custody and the entire concept of child custody is a thing of the past. Today in Florida, divorced or separated parents share time with children based upon the best interests of the children. The new laws require the parties, or the court if the parties cannot agree, to enter into a parenting plan which addresses all issues related to the children including, but not limited to timesharing, communication, extracurricular activities, education, medical decision-making, and relocation.

Child Support

All parents in Florida are required to financially support their minor or dependent children. The amount they are required is determined by guidelines established by the Florida legislature. The factors that are used to determine each parent’s child support obligation are the incomes of the parents, health insurance and employment related day care costs, and the timesharing arrangement between the parents.

Alimony/Spousal Support

Alimony, also known as spousal support, is a court order requiring one spouse to provide financial support to the other party. Whether alimony is appropriate in a divorce case is specific to the facts of the case, but generally the considerations are the length of the marriage, the incomes of the parties, the standard of living enjoyed by the parties during the marriage, the need of one spouse for alimony and the ability of the other spouse to pay it, and the economic and non-economic contributions of the parties to the marriage. There are several different types of alimony that are available to a qualifying spouse, such as temporary alimony while the divorce case is pending, rehabilitative or bridge-the-gap alimony, lump sum alimony, and permanent periodic alimony.

Equitable Distribution

Equitable Distribution is a concept in the law which in which all marital assets and debts are divided fairly between the parties. The first step in equitable distribution is establishing the marital estate. Generally, all assets and debts that are incurred prior to the marriage, or in some cases after the parties separate, is non-marital and not subject to distribution. Examples of marital assets that are subject to equitable distribution are houses, condominiums and other real property, automobiles, household furniture, business interests, investments, retirement, pensions, and other financial accounts. Marital debts such as mortgages, student loans, judgments, credit card debts, taxes, are also subject to equitable distribution.

Uncontested Divorce

An uncontested divorce is a divorce where the parties have already reached an agreement as to the issues in their case. In this situation, the attorneys’ role is to draft the necessary documents to present to the court so that the divorce case is completed quickly and amicably. Because the parties have already reached an agreement, the attorney fees are substantially reduced in this situation.

Paternity

A paternity case is a legal action between two people who have a child together, but were never married. A paternity action is similar to a divorce in that all issues that relate to the child are addressed by the court, including timesharing, parenting plans, and child support. Issues that generally are not addressed in paternity cases are alimony, and the equitable distribution of assets and debts.

Domestic, Repeat, Dating, or Violence Injunctions:

Injunctions, also known as restraining orders, in family court are court orders that prevent or limit one person from having contact with another person where there are allegations of violence. In order to qualify for an injunction, a person requesting one must meet the definition of family member, have dated the other party, or been the victim of repeat violence. Additionally, the person requesting the injunction must prove that they have been the victim of violence at the hands of the other person, or have a reasonable belief that they will become the victim of violence if an injunction is not entered.

Anyone who is served with an injunction should consult with an attorney immediately as injunction hearings are scheduled with very short notice and important issues, such as timesharing of children, child support, and alimony, can be addressed in the event an injunction is granted. If granted, an injunction can remain in effect for the rest of your life and can also affect other types of court cases, such as criminal cases or divorce cases.

Modification of existing orders/contempt

Even after a family law case is concluded, the law provides that the court can modify the terms of a final judgment in certain circumstances. Timesharing of children, child support, and alimony are the most common examples of court orders which are modifiable upon proof of a substantial change in circumstances. Additionally, when one party does not comply with the terms of a court order, they are subject to being held in contempt of court. The sanctions for contempt can include incarceration, an order to pay fines or attorney fees to the other parties, and other types of relief specific to the contempt.

Disclaimer: The content of this website is for informational purposes only and is not intended to be legal advice, nor should you rely upon it for legal advice. You should consult an attorney who can advise you on the law that applies to your specific case. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Contact us

1800 Second Street, Suite 714
Sarasota, Florida 34236

(941) 365-9800 tel
(941) 365-5300 fax