The area and practice of Marital and Family Law inherently involves high emotional feelings, which often heightens the already stressful experience that any litigation or legal action creates. When your whole life seems to have been placed in turmoil, the feelings of isolation and the hurt oftentimes creates an emotional fog that can confuse or impede rational thought or considered reasoning and decision making. Although many people attempt it, a legal action involving dissolution of marriage, especially when children are involved, is not litigation that you should attempt to prosecute or defend against on your own. When there is so much depending on the end result of the dissolution, trying to navigate the legal system and the processes of divorce while also doing all you can just to keep yourself together cannot be expected to end well. Although it may feel as though all is lost or wasted, or that life is over, it is the dark before the dawn, and the process that must be endured on the way to a new life, a new future, your new beginning. The divorce process is actually the process of formulating or laying the foundation upon which you can build a new life for you and your children. Recognizing this truth, it is critically important that you are not taken advantage of and that your rights as a person and as a parent are promoted and respected throughout the dissolution of marriage process.
The Trerotola Firm is committed to ensuring that no client ever feels as though he or she is alone. My dedication to your case will be propelled by the knowledge that every decision made in your and your children’s behalf will have a lasting, long-term effect on your lives. I will champion your rights and make sure that your voice is heard and that all your concerns are addressed, while also ensuring that your dignity is respected at all times.
Whether you are facing a divorce and need representation or have questions regarding child time-sharing and parental responsibility, child support, alimony, equitable distribution, paternity, or any other family law issue, I am here and available to help you. I will work closely with you to get you and your children through the process as we pursue together the best results possible. My goal is to help you resolve your case on fair terms and as promptly as is possible, so that you and your children can rebuild your lives and begin what will be a new and happier future.
Coping with the end of a marriage is one of the most difficult experiences you will ever have to endure. Witnessing the breakdown of a once happy family and being forced to quickly adapt to a new lifestyle is overwhelming and can at times seem impossible to accomplish. Once the decision is made to end a marriage, many decisions must be made that will have a permanent impact on the futures of you and your family. While these decisions will be difficult to make, you do not have to face the process alone.
The Trerotola Firm represents clients in both contested and uncontested divorces. The Firm prides itself on providing caring and compassionate services to our clients. I will take whatever time is necessary to listen to every concern you have, and I will work aggressively to ensure that all concerns are addressed and that your objectives are realized as best as possible.
Determining where and how a child will live is perhaps the most difficult decision facing a family law court when the parents cannot amiably agree on a parenting plan that meets the best interest of the child. If you are involved in what traditionally was termed a “custody dispute,” it is imperative that you seek a family law attorney to represent you in this extremely critical area. If you seek The Trerotola Firm to represent you, I pledge to you that I will aggressively gather any and all evidence known or discovered by us that will ensure we can present a clear and strong argument to the court as to why the parenting arrangement you propose is in the best interest of your child or children. I will also work with you to pursue any and all child support that you are legally entitled to, and to ensure that the other party fully complies with meeting the terms of the child support order granted by the court.
Parenting and time-sharing determinations are governed principally by what is in the best interest of the child(ren). As of 2008, the terms “custody” and “primary residential or custodial parent” no longer exist in Florida family law. It was thought best to eliminate nomenclature suggesting one parent’s “custody” of the children over the other, and instead, redirect focus and put an emphasis on parenting and time-sharing in a way that serves the best interest of the child(ren). There are three legal shared parental responsibility options available in Florida: (1) Full Shared Parental Responsibility; (2) Ultimate Responsibility; and (3) Sole Parental Responsibility. Learn more by clicking on the “Marital and Family Law” tab above.
Divorce will significantly impact the financial circumstance of both parties. It can be expected that the standard of living enjoyed by both parties while happily married will not by realized by either party during that immediate period following a divorce. The purpose of alimony or spousal support is not to maintain you in the life in which you have become accustomed. Rather, simply stated, alimony addresses a party’s need for alimony and the other party’s ability to pay alimony. In court, what will be determinative concerning an award of alimony is a factual finding by the court that one party has a need for alimony given their circumstances, and that the other party has the ability to pay alimony given their financial resources.
There are various types of alimony available, such as Bridge-the-Gap, Rehabilitative, Durational, or Permanent Periodic Alimony, which can consist of or include a lump-sum alimony payment (for more detailed information, click on the Marital and Family Law tab above). There are many factors that go into a factual determination as to whether alimony should be awarded. Each case is unique and fact specific. What happened in a friend’s divorce has no relevance to what will happen in your divorce. That is why it is important to retain a family law attorney of your choice to represent you. The complexities in the law and how variations specific to your case apply to the divorce litigation process will undoubtedly place you at a significant disadvantage should you attempt to represent yourself, especially so should the other party be represented by a divorce attorney.
Marital and Family Law legal matters can be extremely complicated. Numerous Florida Statutes exist that apply and govern how most legal issues will be handled. The appropriate application of these statutes to the facts and circumstances involved in your case can be difficult. How those unique facts and circumstances are presented to the court is critically important. Most people faced with divorce or a family law dispute have absolutely no idea where or how to begin their case, or what steps to take if they are served with divorce papers, and then how to proceed through the litigation process to ensure that their rights are respected and the end result is fair and the best that can possibly be achieved when all things are considered. A Marital and Family Law attorney can personally evaluate your case and formulate a litigation strategy best suited for your situation. Then, working in concert with you, you and your attorney will work through the divorce process as you lay the foundation for your future and that of your family.
Litigating disputes can be expensive. The less that two parties to a divorce can agree on regarding the substantive issues involved in their case, the more adversarial the process will be, which means the judge will be involved in deciding your future and that of your child(ren), and more time will be spent at the courthouse. This, then, obviously translates into more money spent on attorney’s fees and the costs of litigation. This expense can deplete the marital assets of a couple significantly, and the Florida courts have recognized this. Consequently, the courts are promoting alternative dispute resolution processes such as mediation, to assist divorcing parties to try and work out their differences and come to agreement on as many of the issues involved in their divorce as possible, without the need for the judge to decide for them after hours in court and expensive litigation. Recognizing this fact, your attorney should work with you in pursuing agreement and compromise through mediation in dealing with the other side, so as to attempt to maintain marital assets as best as possible. Unfortunately, a lot of the success will depend on the motivations of the other side. If the other party to a divorce is unreasonable, or chooses to want to fight over certain issues, then the fight must be fought, and as in all wars, it is expensive. If you choose to retain me as your attorney, I will work diligently with you in an attempt to mediate as many of the issues as possible, but I will always be prepared to take your case to court if all else fails.
When the parties involved in a dissolution of marriage are not able to come to agreement on issues involved in their divorce, your case must then go to trial. At trial, your case is presented to a judge who will then determine the specific terms of your divorce for you. The decisions of the court are binding on you and the other party, so it is vitally important that your case and the legal arguments in support of it are presented clearly and accurately to the court in the best possible way allowed within the confines of the law and legal process. Consequently, for these reasons, it is absolutely essential that you have an attorney on your side that knows and understands marital and family law, and who can make the arguments that will ensure that the court will properly consider your side of the case.
If you are involved in a marital or family law dispute, or if you are contemplating a divorce, I invite you to consider The Trerotola Firm to represent you. Call to schedule an appointment for an initial consultation, or write a note and email your information above and Jacksonville family law attorney, Michael Trerotola will contact you to discuss your situation.