Tampa Family Law & Bankruptcy Attorneys

At Florida Law Advisers, P.A., we are committed to solving your divorce, bankruptcy, and immigration matters. We are a full-service law firm serving clients in Tampa, Hillsborough County, Orlando, and throughout Central Florida.

Professional & Knowledgeable Lawyers Serving Tampa & Orlando

We understand how clients need timely solutions to their problems — not overpriced legal fees or prolonged litigation. Our mission is to provide stress-free, cost-effective results. That’s why our lawyers use a personalized approach to resolving sensitive, highly complex legal issues. We’re proud to have steered thousands of Florida citizens onto the road to recovery and a better tomorrow.

• Tampa Family Law
• Tampa Divorce
• Tampa Bankruptcy
• Orlando Bankruptcy

Family Law & Divorce in Florida

Family law in Florida encompasses a wide range of legal issues related to familial relationships. This includes marriage, divorce, child custody, child support, alimony, and adoption, among others. The state’s family law system aims to protect the rights and well-being of all family members, especially children, by ensuring fair and just outcomes in family-related disputes.

Marriage and Domestic Partnerships

Florida recognizes both traditional marriages and domestic partnerships. To marry in Florida, couples must obtain a marriage license from the county clerk’s office. There is no waiting period for non-residents, but Florida residents must wait three days after applying before the license becomes valid, unless they complete a premarital preparation course.

Divorce

Divorce, or the dissolution of marriage, in Florida is governed by a no-fault principle, meaning that either spouse can file for divorce without proving wrongdoing by the other party. The primary requirement is that one of the spouses must have been a resident of Florida for at least six months prior to filing. Key issues addressed in divorce proceedings include the division of marital assets and liabilities, alimony, child custody, and child support.

• Division of Assets: Florida follows an equitable distribution principle, meaning that marital property is divided fairly, though not necessarily equally, between the spouses.
• Alimony: Alimony, or spousal support, may be awarded based on several factors, including the length of the marriage, the standard of living during the marriage, and the financial resources and needs of each spouse.

Child Custody and Support

Child custody and support are critical components of family law in Florida. The state prioritizes the best interests of the child when determining custody arrangements. This includes evaluating the ability of each parent to provide a stable, loving environment.

• Child Custody: Florida law prefers shared parental responsibility, allowing both parents to make significant decisions regarding the child’s welfare. However, sole parental responsibility may be granted if shared responsibility is deemed detrimental to the child.
• Child Support: Child support is calculated based on the parents’ incomes, the number of overnight stays the child has with each parent, and other factors. The goal is to ensure that the child’s needs are adequately met despite the parents’ separation.

Adoption

Adoption in Florida is a legal process that establishes a permanent parent-child relationship between individuals who are not biologically related. Florida law allows both single individuals and married couples to adopt. The process includes several steps such as home studies, background checks, and court hearings to ensure that the adoption is in the best interests of the child.

Domestic Violence

Florida takes domestic violence seriously, providing various legal protections for victims. Individuals can seek injunctions for protection against domestic violence, which can include restraining orders that prevent the abuser from contacting or coming near the victim. Violations of these injunctions can result in criminal charges.

Legal Representation

Family law in Florida is designed to address the multifaceted aspects of familial relationships and disputes. From marriage and divorce to child custody and adoption, the state’s legal framework aims to ensure fairness, protect individual rights, and prioritize the welfare of children. Whether through negotiation, mediation, or litigation, the objective remains to resolve family law matters in a manner that serves the best interests of all parties involved.

Given the complexity and emotional nature of family law cases, legal representation is often crucial. Our Tampa family law attorneys are equipped to handle the nuances of each case, advocating for their clients’ rights and working towards fair resolutions. We can offer guidance on legal procedures, document preparation, and court representation, ensuring that their clients navigate the legal system effectively.

Bankruptcy in Florida

Bankruptcy in Florida offers individuals and businesses a legal pathway to manage or eliminate debt when faced with financial distress. Governed by federal law, the bankruptcy process in Florida is designed to provide relief and a fresh start for debtors while ensuring fairness to creditors. This guide outlines the types of bankruptcy available, the process, and key considerations for those considering bankruptcy in Florida.

Types of Bankruptcy

There are several types of bankruptcy under the U.S. Bankruptcy Code, but the most common for individuals and businesses in Florida are Chapter 7, Chapter 13, and Chapter 11 bankruptcies.

• Chapter 7 Bankruptcy: Also known as liquidation bankruptcy, Chapter 7 is available to individuals and businesses. It involves the sale of non-exempt assets by a trustee to repay creditors. To qualify, debtors must pass a means test, which compares their income to the median income for a household of similar size in Florida.
• Chapter 13 Bankruptcy: Known as reorganization bankruptcy, Chapter 13 is for individuals with a regular income who can repay their debts over a three to five-year period according to a court-approved repayment plan. This type allows debtors to keep their property while catching up on missed payments.
• Chapter 11 Bankruptcy: Typically used by businesses, Chapter 11 allows for the reorganization of debts while the business continues to operate. This type of bankruptcy can also be used by individuals with substantial debts and assets, providing a flexible plan for restructuring.

The Bankruptcy Process

The bankruptcy process in Florida involves several steps, starting with credit counseling and culminating in the discharge of debts.

1. Credit Counseling: Before filing for bankruptcy, individuals must complete a credit counseling course from an approved agency within 180 days. This helps ensure that bankruptcy is the appropriate option.
2. Filing the Petition: The debtor files a bankruptcy petition with the U.S. Bankruptcy Court, including detailed financial information such as assets, liabilities, income, and expenses. The automatic stay takes effect immediately, halting most collection actions.
3. Trustee Appointment: A bankruptcy trustee is appointed to oversee the case. In Chapter 7, the trustee manages the liquidation of assets. In Chapter 13, the trustee oversees the repayment plan.
4. 341 Meeting: Also known as the meeting of creditors, the 341 meeting allows creditors to ask the debtor questions about their financial situation and the bankruptcy filing. The trustee also verifies the information provided by the debtor.
5. Repayment Plan Confirmation (Chapter 13): For Chapter 13 cases, the court must approve the repayment plan. The debtor makes regular payments to the trustee, who then distributes the funds to creditors.
6. Discharge of Debts: Upon successful completion of the bankruptcy process, eligible debts are discharged, meaning the debtor is no longer legally required to pay them. In Chapter 7, this typically occurs a few months after the 341 meeting. In Chapter 13, discharge occurs after all plan payments are made.

Exemptions and Protections

Florida has specific bankruptcy exemptions that allow debtors to protect certain property from being liquidated. Key exemptions include:

• Homestead Exemption: Florida has an unlimited homestead exemption, protecting a primary residence regardless of its value, as long as it is situated on half an acre or less in a municipality or 160 acres or less outside a municipality.
• Personal Property: Up to $1,000 in personal property or $4,000 if the homestead exemption is not used.
• Wages: Wages of the head of the household up to $750 per week are exempt.
• Retirement Accounts: Most tax-exempt retirement accounts, including 401(k)s and IRAs, are fully protected.

Considerations and Legal Representation

Filing for bankruptcy has significant financial and legal implications, so it’s essential to consider all options and seek professional advice. Bankruptcy can affect credit scores, ability to obtain loans, and other financial opportunities.

Bankruptcy in Florida serves as a vital resource for individuals and businesses facing insurmountable debt. By understanding the types of bankruptcy, the process, and available exemptions, debtors can make informed decisions about their financial futures. With proper legal counsel, bankruptcy can offer a fresh start and the opportunity to rebuild financially.

Given the complexity of bankruptcy laws and procedures, it’s advisable to consult with our qualified Tampa bankruptcy attorneys. Florida Law Advisers, P.A. can provide guidance on eligibility, protect rights throughout the process, and ensure compliance with all legal requirements.

We Will Protect & Fight for Your Rights

No matter how difficult your situation may seem, our Central Florida attorneys have the knowledge and expertise to advise you on your next steps. We are there for you every step of the way, making sure you understand your legal rights and options. Contact us today for a free, no-obligation consultation.